Our home is owned by my partner\’s parents – where do i stand | The Tenants' Voice
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Our home is owned by my partner's parents - where do i stand

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538 views 1 replies latest reply: 16 December 2016
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Tenant

hi there.  my partner are applying for a divorce after over 13 years of civil marriage.  we have two children aged under 10 yrs.   i have taken temporary possession of the “matrimonial” home due to my partner’s behaviour towards our young kids.  the problem is that the home belongs to my partner’s parents who have paid for it out-right (in fact they own another 10 houses).  my partner’s parents have given me an eviction order to leave within 30 days.  they will get court order, i am sure.  As far as i am aware, there has never been any tenancy or any other kind of written agreement between my partner’s parents and us living in the property.

can they evict me and our two young children?  i have not worked due to bringing up children, have no money of my own.  do i have any rights to stay in the property until they are bit older

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Tenant

Hello, sorry this is happening to you. I know it’s tough, but you need to stay collected and start taking the next logical steps. Obviously, you can’t stay forever in this property, but the way they are trying to evict you is ILLEGAL ! Read more below:

First of all, even if there is not a tenancy agreement, but you’re paying rent and occupying the property, the law creates a tenancy by default with standard conditions. 

If the above is true then below is outlined the standard process of eviction. If there is no tenancy at all, I can’t help you out. You should seek Shelter in any case, as they are the charity in England who deals with homelessness and accommodation. 

They can’t evict you within just 30 days. 

The minimum time frame a landlord can give you to move is two months. This is using a Section 21 eviction notice. There are many details that can make the Section 21 invalid, like if your deposit is not protected (yours likely is not), if the landlord doesn’t give you enough time (minimum two months / 8 weeks)… 

I’m ready to assume that there isn’t even a Section 21 served. 

You don’t have to do absolutely anything until a valid Section 21 is served to you. 

When it eventually gets in your mailbox, you then have 2 months to move out voluntarily. The section 21 notice is essentially the landlord asking you to leave, however, it is not being evicted (yet). 

When the time expires and you haven’t moved out, the landlord can apply to the county court for a possession order. He will get it, as the only requirement is to have served a valid Section 21 notice to the tenant.

This might take a while, but you will get notified as the process moves on. 

Afterwards, the landlord has to summon the county bailiffs to execute on that possession order.

The landlord or your husband have NO RIGHT to enter and physically move you out. Only the county bailiffs can. 

I’m attaching some links to check regarding eviction, hope they help:

http://www.thetenantsvoice.co.uk/advice_from_us/section-21-notice-to-quit/

http://www.thetenantsvoice.co.uk/advice_from_us/section-8-notice-seeking-possession/

http://www.thetenantsvoice.co.uk/advice_from_us/grounds-for-eviction/

http://www.thetenantsvoice.co.uk/advice_from_us/how-to-challenge-an-eviction-notice/

http://www.thetenantsvoice.co.uk/advice_from_us/illegal-eviction-and-harassment/

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