Can a Tenant in Common legally stop a lodger eviction by another Tenant in Common?

Can a Tenant in Common legally stop a lodger eviction by another Tenant in Common?

11:40 AM, 3rd November 2021, About 4 weeks ago 7

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I own my property along with my mother and brother as Tenants in Common. I currently live in the property and so does my mum. In 2019, I allowed a family relative to move into the property, my mother and brother also agreed to this.

At the time, since we were family, I only gave them a very simple 1-page document that basically listed how much our family relative had to pay each month for their room and services within the household and where to send their payment.

In the following years, when I have increased her room/rent and services price, I have done so via emails whereby I simply created a spreadsheet for the adults within the household and then created a section for her where it included how much she was to pay each month.

Unfortunately, now the relationship between me and the family relative has completed disintegrated due to her behaviour. My brother has even moved out of the property now.

I now want to serve her an eviction notice for her to move out of the property.

My family relative has formed a very close alliance with my mother. So I feel there is a strong chance that my mother will try and do everything she can to prevent me from evicting my family relative.

Therefore, since my brother, mother and I own the property as Tenants in Common, I would particularly like to understand whether my mother could legally prevent me from evicting my family relative from the property?

Could my mother for example offer a new tenancy agreement to my family relative, against mine and my brother’s will, and therefore prevent me from evicting my family relative?

My family relative is in her late 20’s, a graduate and in a full-time graduate job.

Thank you.

Eric



Comments

by Suresh Parikh

13:34 PM, 3rd November 2021, About 4 weeks ago

Hi
The brief answer must be:Yes.
Each tenant in common owns the entirety in law ( though not in Equity).
Only a court can decide on a dispute between the owners.

by Seething Landlord

15:53 PM, 3rd November 2021, About 4 weeks ago

Reply to the comment left by Suresh Parikh at 03/11/2021 - 13:34It is my understanding that it is joint tenants who each own the whole property. Tenants in common own their respective shares.
I am afraid that I do not know the answer to the original question.

by Suresh Parikh

11:23 AM, 5th November 2021, About 3 weeks ago

If you partition, then each owner owns the partitioned share. Otherwise, in law each owner owns the entirety, but any profit made by one must be accounted for to the other owners.
Historically, in Equity (which is now part of the law) one of the remedies is "accounting."

by Seething Landlord

11:58 AM, 5th November 2021, About 3 weeks ago

Reply to the comment left by Suresh Parikh at 05/11/2021 - 11:23
By "partition" are you referring to the severance of a joint tenancy, which results in the joint tenants becoming tenants in common and each owning their respective share of the property?

When you said "Each tenant in common owns the entirety in law", did you mean "each joint tenant..."?

by Suresh Parikh

9:25 AM, 6th November 2021, About 3 weeks ago

I meant exactly what I wrote.
I am writing about tenancy in common.
By partition is meant physical partition, not possible in your case for a variety of reasons.
Why do you not consult a solicitor?
You do not want relative A to live there.
Another owner may want A to live there.
Apart from emotional matters, why should it bother you?
You will always be entitled to your share of rent, whether you or your mother rents it.

by Gary Hodge

11:04 AM, 6th November 2021, About 3 weeks ago

I'm not qualified in any way, just a lodger landlord.
You haven't stated what type of lodger agreement you have. If it is the usual licence to occupy then this is a permission granted by you to your lodger and can be withdrawn with reasonable notice. The lodger then becomes a trespasser as they no longer have permission to stay at the property. However, if another owner occupier of the property grants permission to stay they remain a lodger.
If, however, your lodger has been granted a valid tenancy then a NTQ (Notice To Quit) must be served, assuming it is now periodic. This can be served by any of the landlords. I'm not certain on this point, but I believe a new tenancy would require agreement and signing by all landlords.
If you, as landlord, refuse to sign a new tenancy this does not prevent another owner occupier granting permission to stay.
The simplest solution would be to reach an agreement with your mother and brother on whether, and how, you continue this arrangement.

by David

14:47 PM, 14th November 2021, About 2 weeks ago

By default tenants in common own only their share of the property. 50% if its a couple. 33.333...% in this case. Joint tenants each own 100% of the property.

I dont think you can legally enforce the eviction of the lodger. You would have to instead join forces with your brother to force a sale.

Get advice from a specialist housing solicitor before doing anything.


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