Evicting my son – help please

by Readers Question

15:36 PM, 5th September 2016
About 2 years ago

Evicting my son – help please

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Evicting my son – help please

I have both of my sons living with me in my home which is in NE Scotland.son

One is very helpful and I could not do without, the other is very selfish and contributes nothing whilst living a decent lifestyle himself. He has turned the garage into his personal living space as well as changing the locks while we were out so we cannot gain access to this space unless he agrees (no permission was sought for this) and has also claimed the nicest room in the house as his study/personal space also.

I am the sole owner of the property on the title deeds and I have no written tenancy agreement with either of my sons, can I just ask him to leave or do I need a court order?

Would appreciate any advice anyone would be kind enough to offer and please feel free to ask any further questions if anything needs clarified.

Anne – Marie



Comments

Mark Crooks

8:16 AM, 6th September 2016
About 2 years ago

Personally I would avoid courts if possible.

Have you considered getting a locksmith around to change all the locks in the house when your son is out. Then you have control over who enters the house.

You can even help your son to move out by packing all his belongings for him. 😉

Mandy Thomson

15:40 PM, 6th September 2016
About 2 years ago

Hi Anne-Marie,

If your (adult) son literally pays you no rent, nor contributes in any way that would amount to a rent, such as several hours of housework, care work, improving your property etc or paying a large sum toward improving your home, then there is no consideration and therefore there can be no tenancy or licence agreement. This would apply whether you were an owner occupier or a tenant yourself. Your son's status as an occupier is simply that of a bare licensee - that is, a guest who is living there with your permission. Once you withdraw your permission, your son would therefore be trespassing and must leave.

For the record, lodgers under Scottish law have more rights than English or Welsh lodgers, as Scottish law gives lodgers (renting a room in someone else's home) a basic tenancy, whereas under English law they simply have a contractual licence (as opposed to a bare licence). Eviction of a Scottish lodger can't therefore be enforced without a court order.

However, for someone to be a tenant or contractual licensee, there must be a contract, and therefore a consideration, and as I've said above, in this particular case there is no consideration and therefore no contract.


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