It is very common for homeowners to feel unsure about their rights when someone living in the property refuses to leave, especially when that person is a family member and there is no tenancy agreement. When a sale is being planned, the pressure increases and it can be difficult to know what legal route applies — and whether a Section 21 notice is appropriate.
Clear, calm guidance can help you understand the correct process and what steps your aunt can take.
Understanding the issue or context
When a relative or family member lives in a home informally — without rent, without a tenancy, and without a written agreement — many people assume they can simply be told to leave. In reality, the situation is often more complicated.
Homeowners in this position typically feel:
- uncertain whether the occupant has any rights
- unsure if they must treat them like a tenant
- confused about whether a Section 21 notice is required
- anxious because a sale cannot proceed until the property is vacant
- concerned about family conflict and delays
These concerns are understandable, especially when the person refusing to leave is not contributing to household costs.
The legal rules or framework
Section 21 notices apply only to assured shorthold tenants
A Section 21 notice can only be used where:
- there is a formal assured shorthold tenancy (AST), and
- the occupant is a tenant paying rent.
If there is no tenancy agreement and no landlord–tenant relationship, a Section 21 notice is not the correct route.
What is the occupant’s legal status?
In situations like this, the occupant is typically:
- a licensee, or
- an excluded occupier, or
- simply someone allowed to live in the property informally
These categories have different levels of protection, but none create a full tenancy.
Right to occupy depends on permission, not tenancy
If the stepfather was only allowed to live in the property:
- by permission,
- informally,
- without paying rent, and
- without a tenancy agreement,
then his right to remain is limited to whatever permission was granted.
Eviction requires the correct legal route
Because a Section 21 notice cannot be used, the homeowner must follow a different process:
- Ending permission to occupy; then
- Applying for a possession order if he refuses to leave;
- Enforcing the order through the court if necessary.
This is the correct procedure even though he is not a tenant.
Courts look at the nature of the arrangement
The court will consider:
- whether he pays rent
- whether he is financially dependent
- whether he has any ownership rights
- how long he has lived there
- whether he has contributed to the property
But in most cases where there is no tenancy and no ownership, the homeowner has strong rights to recover possession.
Practical steps to take
1. Formally withdraw permission to occupy
Your aunt should write a clear, polite letter stating:
- that she is ending his permission to live in the home
- the date by which she expects him to leave
- that the property is being prepared for sale
- that if he refuses, she will seek a court order
This starts the legal process and creates a record.
2. Allow a reasonable notice period
Although a tenancy notice is not required, giving a reasonable period (usually 28 days) helps demonstrate fairness if the matter goes to court.
3. Avoid using Section 21 or tenancy paperwork
Using the wrong notice can weaken the homeowner’s position and cause confusion.
Only notices appropriate to licensees/excluded occupiers should be used.
4. Apply for a possession order if he refuses to leave
If the stepfather stays past the deadline:
- your aunt can apply to the County Court for a possession order
- she will need to show she is the legal owner
- she must show that permission to live there has been withdrawn
The court can then order him to leave.
5. Enforce the order if necessary
If he still refuses to leave, your aunt can:
- instruct county court bailiffs, or
- apply to transfer enforcement to the High Court for faster action
These steps should be taken only if strictly necessary.
6. Gather evidence before starting
It helps to collect:
- proof of property ownership
- any messages relating to his occupation
- evidence that he does not pay rent
- evidence that he is not a tenant
This strengthens the claim for possession.
7. Consider a fixed-fee solicitor review
A solicitor can:
- assess the nature of his occupancy
- draft the correct notice
- prepare the possession claim
- help avoid errors that slow the process
- ensure the route used is lawful and proportionate
This can bring clarity and reduce stress.
Common pitfalls to avoid
- Using a Section 21 notice when no tenancy exists
This is the wrong notice and will be invalid. - Trying to remove the person without a court order
This risks unlawful eviction. - Allowing the situation to drift
Delay can make it harder to sell the property. - Not putting the withdrawal of permission in writing
Written notice is essential for the court process. - Assuming family members automatically have rights
They do not, unless lawfully granted.
Frequently Asked Questions
1. Does she need to serve a Section 21 notice?
No. Section 21 applies only to assured shorthold tenants.
2. What notice does she need to give?
A simple written notice withdrawing permission to occupy.
3. Can he stay if he refuses to leave?
He can remain temporarily, but your aunt can apply for a possession order.
4. Is a court order necessary?
Yes, if he does not leave voluntarily.
5. Does he have tenant rights?
Not if he pays no rent and has no tenancy agreement.
6. Can she sell the house with him inside?
Yes, but buyers normally insist on vacant possession.
7. Should she seek legal advice?
A fixed-fee solicitor review ensures the correct notice and avoids unlawful eviction risks.
Conclusion
If you’d like to understand your rights and options in plain English, visit LegalGuidance.org — a free resource powered by Martin Taggart Legal Consulting.
For professional, fixed-fee advice from a UK solicitor, visit MartinTaggart.com.
This information is general guidance only and not legal advice. For personalised support, please contact Martin Taggart Legal Consulting.