Please Help Want My Property Back asap

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    Please Help Want My Property Back asap

    Hi

    I would like to ask and would like some guidance please, my brother lives in my property for the last 3-4 years and has even moved his family in with him, I have told him he is not allowed according to my mortgage providers and I have never given him permission in the first place, he has always said yes he is going to move etc etc but he has not, now I want to sell the property and have asked him again to move out and he is not willing to listen, before I didn't want to take legal action against him but now I believe I have to, I would like to know is he classed as a 'Squatter' (moving in there without my permission) or a 'Tenant' (due to duration of time him living there he immediately becomes a tenant)?

    Therefore do I go through the N5(B) and N119 forms (for squatters) or do I have to give him 2 months notice in writing and the go through the Section 21 (because of the duration of time he has been living there he is now classed as a tenant)?

    We do not have a tenancy agreement or anything like that so could I still section him (if you think I have to go through the route of a tenant as he is classed as one) with a Section 21?

    All I want is my property back in the quickest possible time I am not after anything else like rent, please help I would really appreciate your advise

    Thanks

    #2
    Have you accepted any rent and do you live at the property ?
    I'm a good tenant with great landlords
    I'm also a living, breathing, fully cooked female.

    Comment


      #3
      Is the property in England/Wales?

      Has your brother ever paid any rent to you?

      Can you describe the circumstances that led to your brother moving in - how did he get keys for example?

      Do you live in the property?

      #BRB - there's an echo in here

      Comment


        #4
        Sorry guys when you guys where replying I was amending my first post so sorry, but thank you for your immediate response, he has never given me rent or anything, i believe he has broken in and changed the locks, also I do not live in the property with him, please see my first post for more details, thanks

        Below is from my first post:

        We do not have a tenancy agreement or anything like that so could I still section him (if you think I have to go through the route of a tenant as he is classed as one) with a Section 21?

        Thanks once again

        Comment


          #5
          and yes the property is in England

          Comment


            #6
            Have you taken rent or "moneys worth" -eg he repaired or decorated for you??
            I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

            Comment


              #7
              The way he moved in would make him a squatter, IMO. However, considering that this was 4 years ago with you knowing all along it might complicate the matter. He could be deemed to have a license to occupy.

              Not sure about the correct route to get him out.

              In any case, certainly he is not a tenant on an assured short hold tenancy (no rent) so the s.21 requirements do not apply.

              Comment


                #8
                No i have not taken nothing from him, he does have his furniture in there and he has put his own wall paper for example, i have asked him if he wants 2 take the the property from me he can (transfer) but he doesn't want that option either (all he wants is to live in there for free, which is not right), he recently paied my last payment to the lender which I didnt tell him to do, the lender said to me even if he did that that's seen as a gift from him to you, and by him doing that he cannot take the property off you or prove in court that you gave him permission to live in there and this is why he is helping you with the mortgage, so I am stuck and need help what do I do now, I want my property back

                Comment


                  #9
                  He'been living there for 4 years with your knowledge, and you've accepted a payment from him (payment he made to lender).

                  So clearly he's not a squatter but a tenant, though not an AST tenant, IMO.

                  Comment


                    #10
                    I am not 100% convinced that the unrequested payment to the mortgage company constitutes 'rent' as it was a one-sided transaction. I think dude1 should apply on the basis of his brother being a squatter - even if his application fails, the reason will inform his next step.

                    However, as it is not dude1's residence, he does not have the option of a quick 'squatter' eviction that he would have if he were a displaced residential occupier or an intending residential occupier.

                    Comment


                      #11
                      No he has gained access to my lender fraduently, I have never told him to pay for me not at all, and the lender even said they would accept payments from anyone so there is no way for me to stop him from paying for example, if he is classed as a tenant can I section him with a section 21 after I give him a notice of 2 months in writing?

                      Comment


                        #12
                        The property is mine 100% but I do not live in there

                        Comment


                          #13
                          The problem you have is that at this moment in time you do not know how a court would view his legal status.

                          I would complete form N5 and n119 and seek possession based on your brother being a squatter. Include in your grounds a statement along the lines of 'if the court is of the opinion that Mr XX is not a squatter then I seek possession on the grounds of an oral (or written if you have one) notice to quit given on xx/xx/xxxx'.

                          I would be interested in other contributors opinion to the above paragraph.

                          Comment


                            #14
                            A notice to quit must be in writing, so I would not mention any oral one... Apart from that it sounds like a good idea, IMHO.

                            Originally posted by dude1 View Post
                            No he has gained access to my lender fraduently, I have never told him to pay for me not at all, and the lender even said they would accept payments from anyone so there is no way for me to stop him from paying for example
                            I understand your frustration, and indeed there is no way to stop a bank transfer payment. But such a payment can still be refused e.g. by sending back a letter to that effect accompanied by a cheque.

                            Comment


                              #15
                              Originally posted by Snorkerz View Post
                              Include in your grounds a statement along the lines of 'if the court is of the opinion that Mr XX is not a squatter then I seek possession on the grounds of an oral (or written if you have one) notice to quit given on xx/xx/xxxx'.
                              Is the grounds of statement a letter from me or is that a section within the form for me to complete? and a written notice to quit again is that a letter I should write now or later (is that similiar to a leter for 2 months noctie), sorry little confused and sorry for extra inconvenience

                              Thanks

                              Comment

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