Q&As

Where a mother has allowed her daughter to live in her home (the mother not being in occupation herself) and the daughter has allowed various lodgers to reside there too, what steps can be taken to remove the daughter and lodgers (eg changing locks)? There is no agreement in place and the daughter only occasionally contributes to costs.

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Published on LexisPSL on 09/03/2018

The following Property Disputes Q&A provides comprehensive and up to date legal information covering:

  • Where a mother has allowed her daughter to live in her home (the mother not being in occupation herself) and the daughter has allowed various lodgers to reside there too, what steps can be taken to remove the daughter and lodgers (eg changing locks)? There is no agreement in place and the daughter only occasionally contributes to costs.

Where a mother has allowed her daughter to live in her home (the mother not being in occupation herself) and the daughter has allowed various lodgers to reside there too, what steps can be taken to remove the daughter and lodgers (eg changing locks)? There is no agreement in place and the daughter only occasionally contributes to costs.

The first question to determine is the nature of the daughter’s occupation, in particular whether she is a tenant or licensee or indeed there under some less formal arrangement. It must first be established that there was an intention to create legal relations. While the courts are perhaps slower to conclude that family members intend to create legal relations, there is no presumption against it. An adult daughter who remains with her parents living in her childhood home after turning 18, even in return for a contribution towards food and utility bills, is unlikely to be regarded to have entered into a contract with them.

In the present case, the mother is not in occupation. The reasons for this are unclear. The daughter occasionally contributes towards costs. This suggests that when she pays, it is by way of contribution to utility bills so that her mother is not out of pocket rather than deriving a source of income. A court is likely to be slow to conclude that

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