Q&As

Where a residential property owner has allowed a family member to solely occupy a residential property for five years without any formal lease in place and without paying any rent (but paying for maintenance and outgoings in relation to the property), how should the property owner proceed to gain possession and is a formal notice to seeking possession or to quit required?

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Produced in partnership with Sarah Finch of Hamlins
Published on LexisPSL on 04/10/2017

The following Property Disputes Q&A produced in partnership with Sarah Finch of Hamlins provides comprehensive and up to date legal information covering:

  • Where a residential property owner has allowed a family member to solely occupy a residential property for five years without any formal lease in place and without paying any rent (but paying for maintenance and outgoings in relation to the property), how should the property owner proceed to gain possession and is a formal notice to seeking possession or to quit required?
  • Type of Tenancy
  • Possession proceedings

Where a residential property owner has allowed a family member to solely occupy a residential property for five years without any formal lease in place and without paying any rent (but paying for maintenance and outgoings in relation to the property), how should the property owner proceed to gain possession and is a formal notice to seeking possession or to quit required?

In this Q&A it has been assumed:

  1. that the fixed term of five years has been agreed from the outset

  2. the residential property owner is the freehold proprietor

  3. that the family member has been granted exclusive possession

  4. that there are no exceptional circumstances to rebut an intention to create a tenancy

  5. the family member has been in five years’ continuous occupation

  6. the tenant has never paid rent

  7. that there was no previous tenancy

It is not known if the family member occupied the house as its principle home.

Any reference to the Government code of practice on illegal immigrants and

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