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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10808
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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I have an LPA, for money and property, for my uncle who is

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I have an LPA, for money and property, for my uncle who is at present in hospital. I cannot dispose of his flat (housing association) until he is installed into a care or nursing home. I have started to clear it. I have found out that a lady friend of my Uncles has now decided to stay in the flat without consulting me at all. She obviously has a key. What are my rights do I have in respect of her being in the flat and asking her to leave?

Hi, on the basis that this lady is not on the Deeds, which I trust she is not, you do have the authority to ask her to leave. However, if she does not go freely, you would have to issue Court proceedings to evict her! In practice, it would be far easier and cheaper for you to notify the Housing Association of her "illegal" occupation of the property, and let them take action to ask her to leave. Under the terms of your Uncle's Lease, there will be a condition that no-one else should reside in the property.

I hope it does not come to this and I'm sure if you explain to her that she has no legal right to reside there, then she will move out.

I hope this assists. If so, I would be grateful if you could rate my answer (top right of your screen).

Kind Regards Al

Customer: replied 1 year ago.
Thank you. Thought that was the case but needed a second opinion.

Thanks. I would be grateful if could you rate my answer.

Good Luck! AL

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