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A 22 yr old's right to enter the family home?
vaksam
Posts: 79 Forumite
Basically the situation is as above. My 22 year old brother has finally been asked to leave the family home after many, many years of problems.
The most recent has been his moving his stuff back into my mum's house in Manchester after quitting his job in Nottingham. He then proceeded to open a number of bank accounts, registering them all to my mums address, and has run up numerous overdrafts to finance a trip round Europe. He arrived back at my mums house, (my mum for some unknown reason let him stay), and has basically declared his intent to remain jobless and lie in bed with his girlfriend all day, contributing nothing financially or otherwise to the family.
This weekend my mum had enough and has ordered him out. She's asked him to come and collect his possessions, which she wants to leave outside at a pre-arranged time so he doesn't have to enter the property (there have been problems in the past with threatening behaviour and violence from him).
He will not accept this, is determined that he should be allowed to enter as and when he wishes to collect his things, and that he has 'the right' to do so. From what I can tell reading various postings on the internet, as he has not been paying rent and has no tenancy agreement he has no legal rights to access the property. Is this correct?
The most recent has been his moving his stuff back into my mum's house in Manchester after quitting his job in Nottingham. He then proceeded to open a number of bank accounts, registering them all to my mums address, and has run up numerous overdrafts to finance a trip round Europe. He arrived back at my mums house, (my mum for some unknown reason let him stay), and has basically declared his intent to remain jobless and lie in bed with his girlfriend all day, contributing nothing financially or otherwise to the family.
This weekend my mum had enough and has ordered him out. She's asked him to come and collect his possessions, which she wants to leave outside at a pre-arranged time so he doesn't have to enter the property (there have been problems in the past with threatening behaviour and violence from him).
He will not accept this, is determined that he should be allowed to enter as and when he wishes to collect his things, and that he has 'the right' to do so. From what I can tell reading various postings on the internet, as he has not been paying rent and has no tenancy agreement he has no legal rights to access the property. Is this correct?
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It is correct, he has no legal right to enter the property, if he does try I would suggest your Mum calls the police, my Mum is in a similar situation unfortunately, and the police seem to be the only deterrent.0
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Change the locks, call the police every time he tries to gain entry or causes a nuisance and look into taking out an injunction against him. You would need to see a solicitor regarding the injunction, but dependent on your mum's income she may be eligible for legal aid or could get legal assistance on her house insurance. She needs to have evidence that her son is causing problems hence the need to report all incidents to the police."I've fallen down a hole" - said in best Monty Python voice-over.0
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I could be wrong here - but as far as I know he will have no right to enter the house without your parents permission - they have no obligation to house him.
He is an adult, and if he violent / abusive towards your mother call the police.0 -
Tell her to be strong minded and out wit him.
She may not see it but this is the best thing that could happen to him. He needs to take responsibility and make his own life. One day, he will want his mum again and hopefully, if he makes something of himself, they will be 'friends' again.
She must stay strong.
GGThere are 10 types of people in this world. Those who understand binary and those that don't.0 -
Another couple of thoughts.
Firstly you could also contact the local authority and see if there is a family mediation service operating where you live. Your mum still has the right to refuse entry but this could help deal with the issues regarding his behaviour.
Secondly, if there is the likelihood that he could become violent (even verbally abusive counts) contact the police and ask if there is a sanctuary project or other named scheme that can assist in providing security works to properties where there is a history or threat of violence. This should be free of charge and a lot easier and quicker to sort out that an injunction (though I would still suggest you look into this as well)."I've fallen down a hole" - said in best Monty Python voice-over.0 -
Something has gone very wrong when a jobless 22 year old is not welcome at his mum's house!I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.0
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Something has gone very wrong when a jobless 22 year old is not welcome at his mum's house!
Just what I was thinking... It is a shame that a lot of people my age seem to think like this.. I still know a lot of people I used to know from school who have no intention of doing much with their lives and are pretty much just dragging along letting mummy and daddy pay for everything...0 -
Its unlikely he could be considered a "tenant" in opinion, and therefore he has no right to enter, even if he was paying "rent".
Change the locks, and then the only way he will be able to enter is by breaking in, which is a crime.0 -
Gorgeous_George wrote: »Tell her to be strong minded and out wit him.
She may not see it but this is the best thing that could happen to him. He needs to take responsibility and make his own life. One day, he will want his mum again and hopefully, if he makes something of himself, they will be 'friends' again.
She must stay strong.
GG
Many thanks, this is exactly what I think. She's forgiven him for far too many transgressions in the past and I think now he's convinced that he thinks that he can get away with murder. As far as I can see the only way to help him is by forcing him to take responsibility for his own actions, unfortunately my mum doesn't see it that way! She's taking the stance that he's been influenced by his new girlfriend...
Sorry, can't work out how to quote multiple people in one post -
It is correct, he has no legal right to enter the property, if he does try I would suggest your Mum calls the police, my Mum is in a similar situation unfortunately, and the police seem to be the only deterrent.
Many thanks, hope you and your mum are also ok.
Change the locks, call the police every time he tries to gain entry or causes a nuisance and look into taking out an injunction against him. You would need to see a solicitor regarding the injunction, but dependent on your mum's income she may be eligible for legal aid or could get legal assistance on her house insurance. She needs to have evidence that her son is causing problems hence the need to report all incidents to the police.
In my brothers version of reality, the police will be on his side. A text he sent to my mum yesterday stated that he'd be 'breaking in to collect my belongings and then calling the police to absolve myself of any responsibility'. Oh to be a naive 22 year old with a superiority complex, or alternatively a fly on the wall when he makes that particular call...
Many thanks to everyone, the locks are now changed and he's coming to collect his 'necessities' from the doorstep at noon. My OH and I will be there in case he tries anything stupid.0 -
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