Removing my son from my flat

For the last seven years I have let my son (39 years old) live at a flat I rent out. There are two rent paying tenants, which in effect subsidise his living expenses. Recently because of his unreasonable and aggressive behaviour one of the tenants, with my agreement, has terminated her tenancy agreement. I have agreed to refund her deposit in full and reimbursed her a percentage of her rent for this month. Because of his behaviour I feel I can’t re-let the room to another prospective tenant so I now want my son to leave the flat. He doesn’t have a tenancy agreement, but I’m led to believe that just by living at the flat he has certain rights (a license to live at the flat). If I ask him to leave he may refuse to leave on the grounds that he has nowhere else to go. His earnings are very low and he would not be able to finance a room or a flat. A Section 21 notice can be used to evict a tenant with a valid tenancy agreement but probably cant be used for someone who doesn’t have an agreement. Would a Section 8 notice to quit be the answer? Even though he doesn’t have a tenancy agreement would I have to give him two months notice? Any help or advice would be greatly appreciated.

Dear Sally,

Thank you for taking the time to reply. Yes it is a very upsetting experience unfortunately brought about by my son’s unreasonable behaviour. I’ve let him stay at the flat for the last seven years, rent and bill free, mostly because he doesn’t earn very much, and to help stabilise him. He is more less being subsidised by the two rent paying tenants who’s rent pay the running costs of the flat. One of the tenants has left the flat recently because of his unreasonable behaviour. I’m not quite sure what you mean by an ‘assessment’ but knowing my son he wouldn’t agree to any discussion (arbitration) with a third party present. He’s not very good at sitting down and having a rational discussion, he would just walk away if anyone disagreed with his point of view. Not much empathy I’m afraid. I’m hoping he will, in the next month or two, leave the flat of his own volition and eventually we can have a normal friendly relationship.



Hi Chris, I too really sympathise with your situation. Our daughter lives in one of our flats. She is on benefits and gets housing benefit. She does pay us a small rent. We are not in your situation, but feel very much for you. As Sally has mentioned, psychiatric counselling could help your son (and you too if that helped him). However, if he will not agree to this then that route won’t help. But he could be losing out on help available possibly. Wishing you a speedy and happy resolution to this situation. Good luck and Happy New Year. Anne

Well, its harder dealing with family than strangers when things go wrong thats for sure. I have always had an AST for my daughters -even tho they never paid lol. When i did get one flat back as agreed after one daughter finished her degree she called me an effin old wan**r on the day she left, which was nice. So you are not alone.
My advice: STEP BACK , let a solicitor deal who specializes, dont waiver. get him out ASAP and in time maybe rebuild relationship. This is a legal matter so just be

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Yes it is harder dealing with a family member, emotionally quite stressful. If I can’t settle things amicably with my son I may have to resort to a solicitor to move things forward. Quite an expensive way forward too.

I think my son would benefit from some sort of counselling but I know he wouldn’t agree to it as he thinks there is nothing wrong with him. The fault is all on my side.

If he has a mental problem you will not win a war of words . it will always be your fault. this is sad but a fact of life