14:23 PM, 10th June 2022, About 2 months ago 11
My friend allowed someone (call him X) to stay at her empty house from the end of June 2021 as he had nowhere to go. She was going to Spain for a few months and the property was in the throws of being repossessed as her husband had used her house, in her sole name and owned prior to their marriage, as security for huge loans for his failing company.
No rental agreement was signed. No rent was paid and she has continued to pay the water, council tax and contents & building insurance (& broadband up till May 2022 when the contract ended).
Her estranged husband has unknowingly been paying the gas and electric by direct debit but realised last week and has ordered final readings and disconnection on the 17th June. The estranged husband believes the property was repossessed by the finance company to settle his debt. It has not been. He also had no idea X was staying in the house.
The finance company required X to sign a legal document with solicitors stating he had no rights to the property.
Circumstances have now changed and the property is no longer being repossessed. She acquired funds from a bridging company to pay the debt and now wants to rent out the property.
She has come to visit me in Gloucestershire for a couple of weeks and to sort out getting a paying tenant.
She offered X a formal tenancy agreement 1.10.2022 at a discounted rent but if he couldn’t afford it gave notice to vacate on the 10th June. He decided yesterday 8th June he can’t afford it and refused to move out.
She has buildings insurance legal cover and spoke to them and they say X is an Excluded Occupier and she has removed her permission for X to stay there.
1. What are her rights/options to remove X from the property?
2. Does she just give notice to X of changing the locks? 24 or 48 hours?
3. Can she / should she move back to the house using one of the bedrooms? (I need to start 3 days quarantine before a hospital procedure on the 14th June).