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Original poster

Family living rent free - please help!

139 replies

EwwwwwwDavid · 04/12/2024 13:57

I'll try to summarise and really hope someone can help, I do have a solicitor but they aren't coming back to me!

I have an aunt and her boyfriend who have been living in my second home rent free, with a view to buying it. They have been there 12 months. They have materially damaged the property.

That sale is about to fall through due to appalling, abusive behaviour on their behalf.

What is my legal position to get them out? There is no verbal or written agreement with me, they were never asked to pay rent, they were just there as I am kind.

I want them out

Ideally I also want them to make good the changes they have made but understand this may not be possible

Any advice?

OP posts:
MikeRafone · 04/12/2024 17:58

Change solicitor

Original poster
EwwwwwwDavid · 04/12/2024 18:30

That doesn't help me, completion is meant to be Friday and my conveyancer isn't qualified to help with a dispute, so it's a new solicitor needed anyway.

Am I classed as a landlord in this scenario?

OP posts:
Hoppinggreen · 04/12/2024 18:33

There may be an assumed contract but if they have never paid rent its unlikely.
I have no idea what the legalposition is on squatters rights in this situation so cheack with someone who is but it may be that you can just change the locks and dump their stuff outside.

GatherlyGal · 04/12/2024 18:34

What do you mean completion is Friday? Are they the ones buying?

You'll have to get a court order to evict them I think if they won't go voluntarily. It is a nightmare and takes ages.

allthemiddlechildrenoftheworld · 04/12/2024 18:34

@EwwwwwwDavid would they be classed as squatters then???? eviction!

SheilaFentiman · 04/12/2024 18:43

When you asked them to be out by the end of November, what did they say?

RadioBamboo · 04/12/2024 18:48

completion is meant to be Friday

Then I'm guessing that you've exchanged contracts? If completion does not happen then either you or they have a significant problem, depending on who is refusing to complete.

There is no verbal or written agreement with me, they were never asked to pay rent, they were just there as I am kind.

It sounds like there was a verbal agreement. You agreed to let them live there for free. Were no other words exchanged between you about the arrangement?

mamakoukla · 04/12/2024 18:55

Depends on where you are. Seek legal advice.

if you are not their landlord, they are there by your invitation = not squatting and no rent paid = no tenants rights in England. Please double check this information and get a legal letter requesting they leave

Elfie23 · 04/12/2024 19:16

I don't know anything about buying houses but there is a great Facebook group called Tenancy Matters UK - it's for tenants and landlords, they give some really good advice, you could ask there?

AConcernedCitizen · 04/12/2024 19:26

EwwwwwwDavid · 04/12/2024 13:57

I'll try to summarise and really hope someone can help, I do have a solicitor but they aren't coming back to me!

I have an aunt and her boyfriend who have been living in my second home rent free, with a view to buying it. They have been there 12 months. They have materially damaged the property.

That sale is about to fall through due to appalling, abusive behaviour on their behalf.

What is my legal position to get them out? There is no verbal or written agreement with me, they were never asked to pay rent, they were just there as I am kind.

I want them out

Ideally I also want them to make good the changes they have made but understand this may not be possible

Any advice?

What sale is about to fall through? The sale to them?

Original poster
EwwwwwwDavid · 04/12/2024 19:30

The sale to them is about to fall through

We were aiming for exchange and completion on Friday but they are playing silly buggers

We are in England

I'll try that FB group as well

When I say no verbal agreement I mean it, my mum is the one who let them live there! I can't stand them and haven't spoken to them in years.

OP posts:
ChristmasGrinch24 · 04/12/2024 19:33

No you're not a landlord. They are squatters.

You need to go through court for an eviction.

TheSilkWorm · 04/12/2024 19:33

Why did you let people you don't like live in your house rent free??
if the sale falls through then you need to evict them. You'll need legal advice regarding how you can do that. Hopefully if they've never paid rent they aren't tenants only squatters but either way you need advice.

Sab06 · 04/12/2024 19:33

I would just wait they live for work or shopping and get in, change the locks and put their stuff outside. They are not tenants so not protected by any binding contract. What are they realistically going to do?? get the police involved? it’s a civil matter. They have no leg to stand on. They will pick their stuff and leave. Good luck!

LittleLegalLily · 04/12/2024 19:35

sounds like you are selling without vacant possession because your occupiers refuse to move out and the sale will presumably fall through with your aunt and her partner (and their stuff) in there.

They are only your tenants, with tenants rights, if they can prove they have a lease. If they haven’t been paying rent, and granted occupation for a fixed period and you argue that they don’t have “exclusive possession” (because you could come and go at any time), that defeats the “we have a lease” argument. They will presumably claim squatters rights and you need a court order.

LumpyandBumps · 04/12/2024 19:48

I understand that squatting in residential property is illegal in England and Wales, but I don’t think they are squatters as they initially had permission to live there.
As they have never paid rent then no tenancy has been created.
You definitely need to get specific legal advice but the remedy may be as simple as waiting for them to go out and changing the locks. There is likely to be some backlash from your family, and you would need to allow them to retrieve their possessions. You could employ a security firm to keep the place safe and supervise any access to collect belongings.

TheSilkWorm · 04/12/2024 19:51

LittleLegalLily · 04/12/2024 19:35

sounds like you are selling without vacant possession because your occupiers refuse to move out and the sale will presumably fall through with your aunt and her partner (and their stuff) in there.

They are only your tenants, with tenants rights, if they can prove they have a lease. If they haven’t been paying rent, and granted occupation for a fixed period and you argue that they don’t have “exclusive possession” (because you could come and go at any time), that defeats the “we have a lease” argument. They will presumably claim squatters rights and you need a court order.

She's supposedly selling TO her aunt

SheilaFentiman · 04/12/2024 19:54

They will pick their stuff and leave. Good luck!

Or they will break a window/kick down the door.

SharpWriter · 04/12/2024 19:55

EwwwwwwDavid · 04/12/2024 19:30

The sale to them is about to fall through

We were aiming for exchange and completion on Friday but they are playing silly buggers

We are in England

I'll try that FB group as well

When I say no verbal agreement I mean it, my mum is the one who let them live there! I can't stand them and haven't spoken to them in years.

How do you mean, they're playing silly buggars? What makes you think they won't go through with the purchase?

Original poster
EwwwwwwDavid · 04/12/2024 20:01

TheSilkWorm · 04/12/2024 19:33

Why did you let people you don't like live in your house rent free??
if the sale falls through then you need to evict them. You'll need legal advice regarding how you can do that. Hopefully if they've never paid rent they aren't tenants only squatters but either way you need advice.

Though legally it's my house morally and practically it's my mums. I didn't have a say

OP posts:
Original poster
EwwwwwwDavid · 04/12/2024 20:02

LittleLegalLily · 04/12/2024 19:35

sounds like you are selling without vacant possession because your occupiers refuse to move out and the sale will presumably fall through with your aunt and her partner (and their stuff) in there.

They are only your tenants, with tenants rights, if they can prove they have a lease. If they haven’t been paying rent, and granted occupation for a fixed period and you argue that they don’t have “exclusive possession” (because you could come and go at any time), that defeats the “we have a lease” argument. They will presumably claim squatters rights and you need a court order.

Does that work when the occupiers are the buyers?

And it's me who wants to cancel the sale

OP posts:
SheilaFentiman · 04/12/2024 20:03

If you haven’t exchanged yet, there’s no sale to cancel.

Original poster
EwwwwwwDavid · 04/12/2024 20:04

@SharpWriter that was my solicitors wording!

Unreasonable demands, asking for damage that they caused to be rectified before completion, asking for us to take photos of a party wall (they live there!), not allowing access to remove certain equipment which we agreed to remove, plus they have been abusive to my mum.

I really want to pull out.

OP posts:
Original poster
EwwwwwwDavid · 04/12/2024 20:04

SheilaFentiman · 04/12/2024 20:03

If you haven’t exchanged yet, there’s no sale to cancel.

As in, halt proceedings with the solicitors and start getting these people out with a view to repair and remarket

They have lived there rent free for a year

OP posts:
SheilaFentiman · 04/12/2024 20:05

I really want to pull out.

Well, you can, but then what? As yet, they haven’t been asked to leave so you don’t know if they will.

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