Advice on lodgers rites please?

[helsbels666]

A friend of mine has an ex who moved into her family home 16 years ago. They split up 4 years ago but he continued to live there with her. Now she has met someone else and moved in with him and is selling her house. Her ex has never payed any of the mortgage (but has gone half on most bills etc), no part of the house is in his name but he is refusing to leave (as he did 4 years ago hence why hes still there). Does he have any rights to stay there for any length of time???

[themas]

Were they (or are they still) married? If so he will probably have matrimonial home rights. If not, she may be able to argue he was a licensee with no rights but this is probably going to be difficult in view of the length of time he has lived there. She presumably won't be able to sell the house with him still in it. One alternative for her is probably to come to an agreement with him to pay him some money from the sale proceeds on condition that he leaves - but this must be a proper legally enforceable agreement, not some informal bit of paper. The other alternative is to take Court action to evict him, if this is feasible. Either way, she needs a solicitor who is experienced in this type of work.

[Postdog]

I'm going five years back, but when I tried to get a remortage, having lodgers affected it, and the lender had to write to the lodgers to get their consent. What a joke - my house, and I had to get consent off my lodger (who was going anyway shortly after, and the remortgage was to manage better without his income).

Anyway, the point I am making is that when it comes to selling too, tenants are probably going to be a fly in the ointment, so I should think it's not just a case of selling up and then getting rid, but getting rid BEFORE you can sell up. I think seeing a solicitor is the best option here.

[buildersmate]

I think the mortgage company were being super-cautious. There is a subtle difference between a lodger (who has a licence to stay there) and a tenant (who has additional rights). This is what themas is referring to.