Brother-in-law occupying but inadequate documentation

[HKU]

My husband purchased a house with his brother approximately 6 years ago. Since then they have been fixing it up slowly. They have been paying the mortgage 50:50. My husband’s brother and his wife moved into the property approximately 2/3 years ago and have continued to pay the same amount of mortgage payments and what ever their utility expenses were.

My husband and I tried to resolve this issue with his brother about how to go forward as we were not receiving any benefit from the property. Finally (after a lot of hardwork) it was agreed that we would buy my brother-in-laws share of the property (for above Market Value!).

Anyways, we allowed them to stay in the property paying what they had been towards the mortgage to us for 6 months until they found a property to move into (We then obviously had a increased mortgage that was under my husbands and my name). This was on conditions that they would look after the property and would let us know when they will be moving. The six months is coming to an end and they are extremely uncooperative about letting us know when they are moving. Relations have been broken down since we purchased his share. The house is constantly dirty and they refuse to be civil about discussing about the fact that we can’t afford for them to continue staying the property at such a low ‘rent’ (Market Value for the area is more than double to what they are paying)

We are not sure what our rights are with respect to evicting them out of the property. As there was no written agreement and he has been sitting on c£90k (the share we paid) since December when the title got transferred from his name to my own – we just are not sure whether he is classified as a tenant and therefore we need to serve notice on him before we change the locks and evict him. (I know this sounds harsh but his parents live down the road with plenty of space)

Any advice on this matter would be great!

[attilathelandlord]

If you really have completed the purchase of the property from your brother then allowed him to rent the property from you, in the absence of any other agreement he would have had a 6 month AST whether in writing or not. After the six months expires you then have to serve a Section 21 notice giving two months notice and then if he still doesn't move you will then have to go to court to regain possession.

You cannot change the locks and kick them out without serious penalties to yourself and possible criminal charges.

[Joannepowell]

If you really have completed the purchase of the property from your brother then allowed him to rent the property from you, in the absence of any other agreement he would have had a 6 month AST whether in writing or not. After the six months expires you then have to serve a Section 21 notice giving two months notice and then if he still doesn't move you will then have to go to court to regain possession.

You cannot change the locks and kick them out without serious penalties to yourself and possible criminal charges.

It might be worth noting that the section 21 commands a minimum 2 mths notice and can be issued at any point within the six month period to expire at the end of the six month (verbal) AST. I would issue the s21 at your earliest convenience (& quickly if still within the 6mth term)!

The rules change once the tenancy has gone periodic (ie after 6mth tenancy ends).

Regards

J

[HKU]

Does that mean I just send the fixed-term S21 notice and after 2 months I can take possession of the house? Do I need to get a lawyer to do this or can I send this myself?

I have a fear they may damage the property further upon receiving this notice - is there any protection I can get if this happens?

Thanks for your advice - it is really appreciated.

[attilathelandlord]

your 2 months notice must reflect the date they became your tenants, it's not just any old two months for example if they became your tenants on 1st jan 2006 then the fixed period would end after 30th June. Any S21 would run from the 1st of the month to the last day two months hence.

If they don't move out after 2 months you would then have to go to court to get possession.

There's not a lot to protect you from damage, but if you bought them out you know they have plenty of money to pay for it!

[HKU]

I have given them teh S21 as advised and they have 2 montsh to leave.

They havent paid this months rent and I am not sure they are planning on leaving either. I dont want to leave the action too late - is there anything I can do about this?

How long does it take to get a court order for possession if they dont leave and when can I apply for one - as they hoping to prolong the process so that by the time i get a court order etc another month or so would have gone by.

Thanks for all your advice.

[Poppy35]

you can apply for a PO when the s21 EXPIRES but not beforehand.

once they are 2 months i arrears you can apply for possession under Ground 8 (2 months arrears) which is a compulsory ground for possession. this can done alongside the S21 so you have both to rely on in court.