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Evict family member

LANDLORD FORUMCategory: EvictionEvict family member
Roger Koja asked 3 years ago


I would be ever grateful, if you can kindly shed some light into the following query:-

Some Background:

  • I am a landlord, and currently renting my property to my brother
  • My brother, and I signed 18 months Assured Shorthold Tenancy lease agreement
  • I’ve also allowed his family to live with him, but they are NOT party to the lease agreement
  • The rent is paid at the end of each calendar month, and is always up-to-date
  • His Tenancy ended in 1st/July/2019, and neither party renewal the lease agreement
  • Since, August/2020, my brother & his wife encountered some marital problems
  • As a result, he decided to move out, leaving his wife + children occupying the property
  • He still pays the full rent on time, and has never defaulted
  • I have asked my brother to surrender my property, as he NO longer lives there, but NO joy

My Questions:

  1. Has my brother violated his tenancy agreement by moving out, yet allowing ONLY his family to occupy my property, WITHOUT my consent?
  2. Has the tenancy agreement AUTOMATICALLY turned into a PERIODIC AGREEMENT, since it was not renewed?
  3. I really need my property back hence, how can I LAWFULLY RECLAIM my property?
  4. Do I need to take a LEGAL ACTION, or is there ANOTHER WAY?

Any other hints/tips would be much appreciated.

Thank you,


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1 Answers
Best Answer
Marc Attwater Staff answered 3 years ago

Ring the British Landlord Association lawyers, as a member the advice is totally free. You can speak to one of their lawyers directly on 01293 855700. You must be a member tho

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