Ex-partner parents living in property (squatters?)

[Jackiee]

Good morning,

I am posting this thread to ask for what type of solicitor I should be instructing and what I should be asking the solicitor to do.

My ex-partner's parents are currently living in a property I own, rent free and no rental agreement. They moved in without asking and pleaded homelessness (they sold their own home because of debts). At the time I felt sorry for them, and thought it was temporary. 2-years on they are still there. They don't pay council tax, initially refused to pay utilities.

During this time they ask if they could spend some money on the property to 'make it nice'. They have been demanding we pay them £21,000 - my ex-partner (then partner) borrowed £10,000 off my brother to give to them to pay this behind my back despite my insistence of invoices and them moving out first (hence why he is now my ex). They are pressuring me and my partner for this money. I now have to pay my brother back.

This is not the first time this has happened. I also inherited a rental property off my mum, which they moved into because they were 'homeless'. They then offered to buy it off us as we wanted to sell, but needed a discount to get a mortgage but I felt that I wanted to give them security - they then sold it for a profit 3-years later (£100,000 profit). They state the profit paid for repairs they did on the property. They then immediately moved into this property.

I think they are scamming me. I could just ask them to leave, but I am fairly sure I need legal advice first. I can afford a solicitor and will happily pay even if it costs me more in the long run, as I feel I need show force to get them out of my life and prevent any violent/threatening repercussions (they have threatened me with violence in the past).

[R0b]

Hi,

Scamming may be too strong of a word but most definitely it sounds like they are taking advantage of your good nature, and you are falling for it. You will likely need a property litigation lawyer, but it may not be as straight forward as it seems.

Even if they are living there rent free and all, they may argue that a tenancy agreement has been formed which means that you can't simply turf them out unless you argue no tenancy agreement existed and they are simply squatting. Arguing they are squatting may be difficult if you agreed for them to live there, even if rent free. Tenancies are created by law and there are rules about giving notice to terminate the tenancy and if they don't leave then you may need to get a possession order from the court. Consequences can occur from this whereby the parents may very well decide to trash your house causing damage to it so you have to have that in the back of your mind. You could initiate legal proceedings/report a criminal offence but you would have to find them and where they are living and it sounds like they are very slippery so you may be throwing good money after bad.

An alternative argument to a tenancy agreement is that the parents have a licence to occupy the property, which means you simply them them notice to leave and after that if they don't after the end date, they are trespassing and you can use reasonable force (or seek police assistance) to remove them i.e. bailiffs help here. However, the problem with this argument is that a licence to occupy is unlikely if the parents have exclusive possession of the property, as exclusive possession typically leans towards a tenancy agreement.

You will definitely need advice as to your options, some are expensive than others but if you want them out the home, there will be an initial outlay and expect further costs (or damage) to happen without being able to recover any monies from them.

Given that they have threatened violence before, it may be worth the expense having a solicitor write your first few letters to them asking them to leave the property of their own will.

[Jackiee]

Thank-you for your reply.

I appreciate 'scamming' may seem incorrect. However - it just seems very strange turn of events that they jump from one property (once they have finished taking from that) to another immediately. The constant demands for money. For example, just before Christmas invited me and (then) partner for a meal and tried to get us to give them £50,000 towards a big renovation on the property - they had drawn plans and everything. They are now (apparently) too old to get a mortgage now (fortunately). It was like being at a time-share meeting - charming and a big sell. They ended it by saying after these works they could rent it at a 'knock down' price because they would look after the property. I am feeling very manipulated and scared.

I never agreed for them to live there - they had keys (to let tradesmen in) and just moved in. Whether they asked my partner, I am unsure. It just seemed to happen. No verbal or written agreement exists between me and them.

I think your answer tells me what I fear - it is very complicated. I will likely get rid of them, but it will be long and costly. I have contacted solicitors before about this, but many seemed to feel they could not advise/help due to the complexities (although I only spoke to secretaries and maybe I should stop telling them my life story). I will try solicitors again, and using the information you have said above ^ about what I want. A letter is a start. I cannot get back my foolish mistrust and mistakes, but I can move on.