How to evict a family member. 8 May 2009 at 11:09AM in House Buying, Renting & Selling 4 replies 32.8K views

EMcG

Hello all, I hope to you can advise me.

For various reasons to lengthy and upsetting to go into here my eldery mother wishes to evict my brother from her house. He is 40 years old and, as he is a family member, does not have any tenancy agreement.

She has given him a letter telling him to leave by 8th June. I am pretty certain that he won't go by this date. Infact, I know as he has sent me an abusive text saying so.

Any advise on what legal steps my mother should take to get him out would be greatly appreciated.

Thanks

princeofpounds

I am assuming she owns and lives in the house (or is the only named tenant) and he has no official interest in the house?

Then he is a lodger, and family member or not makes no difference. She can given him notice to leave at any time and must only provide 'reasonable' notice, which is normally taken to be one rental payment period (a week min, a month max) but can be shorter for all sorts of reasons (and abusive behaviour it probably one!).

She has done the right thing by giving him notice. If he has not moved out by the deadline then she should call the police if necessary (preferable to liaise with them in advance, be honest about relationship but also about any fear of violence) who can come and supervise whilst she changes the locks to make sure there isn't any breach of the peace.

However, if he does not remove his possessions she has a duty to look after them and make genuine efforts to make them available for him.

On what grounds does he think he has a right to stay there?

EMcG

She owns the house outright and he has no interest in the house (ie he's sin't a joint owner or anything).

As for his refusal to leave - it isn't based on any legal grounds just the fact that "I ain't leaving".

Do you think there is any need to get a solicitor involved?

Thanks

princeofpounds

No need for a solicitor unless he causes any damages (in which case she may wish to sue him) or he starts legal action against her (which will be baseless but she might wish to have a solicitor reassure her and deal with it). I suppose she might want an independent witness on eviction but that doesn't have to be a solicitor (and I can't imagine one wanting to hang around for an eviction, far too dangerous for a man of letters!).

elliebobs

Sorry to hear of your situation; you can't chose your family can you! The only way that a solicitor may come in helpful is if you or your mother thinks that your brother may then take her seriously. If that is the case then the cost of the letter will be more than worth it otherwise, as stated above, I can't see the solicitor getting himself involved in the actual eviction process.
For all your sakes I hope that the situation resolves itself.