Selling A Property.

[vodkancoke]

Hi all,

I live in a 3 bed flat (owned by my parents) and in October we rented out one of the spare rooms to help with bills etc as I have been off work with this stupid ankle.
I have decided it's time for me to move and Mum and Dad are happy to sell the flat to set me up elsewhere. However, the girl I am sharing with doesn't have a tenancy agreement (I know, we were stupid!) and is a lawyer! (eek!) She is away this weekend and I was going to speak to her on Monday to let her know what was happening. I was going to tell her there was no rush for her to move but we would like to show the flat from March onwards so we would need access to her room but there was no need for her to move out ASAP. I don't know where we stand with this.
Should I just give her 2 months notice to move out completely and THEN show the flat once she has gone (if she goes!) or just show it and give her 24 hours notice when we know if there will be any viewers?
I'm scared we will end up with a tenant who refuses to move!
I would appreciate any suggestions or any legal issues we may come up against.

Thanks very much x

[tonywiltshire]

You should have no reason to worry unduly, if your bathroom and kitchen are shared your tenant is probably an excluded occupier and the notice period is the same as the rent usually weekly or monthly. Have a quiet chat and inform her of the position and that you will give written notice at the appropriate time. The only problem there could be is that she does not move out when she should and you would then need to go to court, which is very unlikely.

[vodkancoke]

Thanks for your reply tony. We share the kitchen and the living room. I use the main bathroom and she has an en-suite. She pays her rent monthly.

I will do as you have suggested on Monday. Thanks again.

[tonywiltshire]

V & C, adopt the correct attitude that you are helping, which you are by informing her in advance of the situation and thus giving her more notice than required to find alternative accommodation.
If you let a room again produce a simple agreement, it is easier.

[lcg]

no....she is a lodger and has no rights at all. but if you are nice you can give her some notice and not leave her stuff on the pavement! (from mr kicker, a homelessness officer) x

[lcg]

honestly, v&c.....she has no rights as a lodger and you do not have to give any notice at all.

[Eve]

It would be worth checking if the law applies the same with you being in Scotland hon. I know property purchase wise there are differences but I'm not sure about Landlord and Tenant related law x

[vodkancoke]

Thanks all so much. She is lovely and I feel so guilty about it but Edinburgh is no longer for me. I would never leave her stuff on the street (do people actually do that?) but I only thought it fair I give her loads of notice.
Thanks again for all your replies...I might be able to sleep tonight! lol xx

[ummmm]

Where are you off to? x

[vodkancoke]

Moving back to the West ummmm. However, I have just applied for a job in London and a job in UAE lol x