Evicting Parents in Law

by Readers Question

10:06 AM, 20th August 2015
About 3 years ago

Evicting Parents in Law

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Evicting Parents in Law

Over 5 years ago my parents in law moved in with us. We have a big house and they occupy another separate building on the plot. keys

They lent us some money interest free (which is repayable) to buy the house and we have a written agreement about the loan and another about sharing costs etc, but no tenancy was created and they don’t pay rent, only their own outgoings.

Since then relationships have deteriorated to the point that I would like to repay them the money and tell them to go. Do they have the right to remain in the property or can I get them to leave?

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Comments

Neil Patterson

10:09 AM, 20th August 2015
About 3 years ago

This situation would definitely be best resolved amicably.

We will need someone to help with the legal rights on this though as I am sure it is complicated.

Mark Smith (Barrister-At-Law)

11:49 AM, 20th August 2015
About 3 years ago

Who owns the freehold of the land upon which their property sits?

What makes you think no tenancy was created?

They may have an equitable interest in YOUR house as they are the funders of the purchase.

Did a solicitor deal with this for you? If so, did the in-laws have independent advice?

Freda Blogs

11:58 AM, 20th August 2015
About 3 years ago

Ignoring family dynamics, from a legal perspective it will most likely be governed by a) whose names are on the title to the property and b) the terms of the loan agreement, and c) possibly whether any tenancy 'rights' have been acquired.

You will need to provide details if anyone is to advise.

Can the plot be subdivided from legal, planning, valuation and tax perspectives?

Before you go down any route you may also wish to consider from their perspective, ie what be the impact if they withdrew their funding from you be accuse of the ill feeling.

I urge you to get proper advice on this. Too many ramifications if it is not done properly.


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