Hi,My son and I jointly own a property which has a granny flat in the yard. We took in a tennant on …

Hi,

My son and I jointly own a property which has a granny flat in the yard. 

We took in a tennant on a short term (3 months) basis and have a contract to that effect. The reason we went for a short temr lease was that we did not know if having a tennant would work with the layout of the property. The lease period was from 1 January to 31 March 2019.

Due to a lot of problems we have had with the tenant, and the fact that the layout of the property does not really lend itself to this living arrangement, we notified the tenant in writing on the 2nd February, that we would not be renewing the contract after 31 March.

The tenant has not paid rent for February and says she does not intend to. She also claims the lease period was for a year and does not intend to move out by 31 March.

I know that we can apply for an eviction order, but that can be dragged out for months or years and in the meantime she is squatting on our property.

I want to know if there is any legal reason why I cannot move into the flat myself on 1 April. I will not kick her out – just simply move in with her.

The way I am reasoning is:

1. I am the owner of the property

2. She does not have a valid lease agreement after 31 March

3. She has not paid her rent for February

4. She will not like living with me 

So what legally prevents me from moving in there.

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