Asking to vacate a property, your rights?

[E65Ross]

My brother has just split up with his partner and its his partners sisters property. He has been asked to vacate the property (where he's been living for 4.5 years). There is no tenancy agreement, but he's been paying rent, and is on the name for utility bills etc.

He's been asked to vacate the property in under 1 month.....I always thought that you were entitled to more time than this.

Thoughts?

Many thanks

[ApOrbital]

No tenancy agreement she can make him leave today one month seems fair.

[andy-xr]

Partners sister, the one he's just split up with? Regardless of notice (I'd expect a month would be reasonable) if it was me I dont think I'd want to be hanging around more than a week anyway. It's not like you're going to get a placard, demand squatters rights and try and turf her out if her sister is the landlord

[KrazyIvan]

Might be some useful info here

http://www.landlordlawblog.co.uk/2013/06/05/what-h...

[E65Ross]

ApOrbital said:

No tenancy agreement she can make him leave today one month seems fair.

Not if he's been there for over 4 years, I'm sure. Akin to squatters rights....no?

[Dr mtree]

I think that having no contract, yet evidence of paying rent puts the landlord in a very weak position. Sitting tenant comes to mind.

However if you want to keep it amicable, I don't think one months notice is too unreasonable.

[brrapp]

E65Ross said:

ApOrbital said:

No tenancy agreement she can make him leave today one month seems fair.

Not if he's been there for over 4 years, I'm sure. Akin to squatters rights....no?

No written tenancy agreement doesn't mean he doesn't have a tenancy agreement. If he's been paying rent then he has a tenancy agreement and all the rights that gives him. If he doesn't want to go, she'll have to serve notice, and jump through all the normal hoops.

Edited by brrapp on Monday 23 January 13:41

[Rude-boy]

E65Ross said:

ApOrbital said:

No tenancy agreement she can make him leave today one month seems fair.

Not if he's been there for over 4 years, I'm sure. Akin to squatters rights....no?

Law wise ex partners sister is in a spot of bother due to the lack of paperwork and so it will take time and money to get him out legally.

Reality wise it will be fine until he makes it clear that he is not leaving and then he will find ex pushing every button in the World to get him to blow (or will just try to make it all up), at which point Police will arrive and remove him from the house.

I would suggest that a meeting with the three be held where it is set out quite clearly that he will be moving out and will be sorting somewhere to go over the next few weeks or so but will not submit to any predicated timetable whilst he gets things in order. A month might be enough, he may need 2 months but it will happen and the only thing that will stop it is if they get silly and he has to dig his heals in.

The above is not legal advice but common sense.

[austinsmirk]

he wants to get all the bills out of his name and do one asap. when the ex suddenly re-assess's finances and understands her living costs will be double, or the in -law finds out she's half the rent due to come in, as sister can't afford it: last thing he needs is for them to be saying- "oh 3 months is due" or something else daft.