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Ask Jak Bowtell Your Own Question
Jak Bowtell
Jak Bowtell,
Category: Property Law
Satisfied Customers: 162
Experience:  Principal in Data Protection Law at Lambeth Council
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We have a flat we let out in Glasgow, currently our friend

Customer Question

Hello we have a flat we let out in Glasgow, currently our friend is staying there, we have no formal agreement in place. Myself and my husband are separating and we need to seek it and our family home to buy separate places. She is now saying that we must give her 6 months notice,please advise
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No we let her know in early June that it would need to be sold, we saw her yesterday and she insisted that we supply her by email with a date that the tenancy was to end. We said 31/07/21 but she then replied with this 6 month date.
JA: Have you talked to a lawyer about this?
Customer: No you’re the first
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No nothing
Submitted: 11 months ago.
Category: Property Law
Expert:  Jak Bowtell replied 11 months ago.

Hello there, I'm Jak and will try to help you with this. Sorry to hear about your separation. All contracts of land must be formal and in writing, from what you say it seems like there is no leasehold agreement between you/your spouse and the friend in the dwelling, is that correct?

Expert:  Jak Bowtell replied 11 months ago.

This seems like your friend is on the property as the result of a 'license'. In this scenario you are the licensor and the friend is the licensee. Licenses are not covered by any of the principal legislation protecting tenants outside the public sector except for the Protection from Eviction Act 1977. Generally speaking, a good analogy is a hotel guest, the hotel can compel the occupant of a room to leave immediately and without reason. From the information you provided, it seems that this will apply to your situation. It is a civil matter, so the police cannot assist you, you could ask if they will supervise if you predict that a public order offence is likely to take place if the friend will not go amicably when the facts of complained. Practicalities aside, the position in law is that you can require your friend (licensee) to move out of the property immediately, although you may choose to give them a small grace period to make arrangements, collect their belongings etc. However, there is no requirement for this. If you are satisfied with my explanation please rate the response at the top of the window. I will still be available for follow-ups.