Is my house being squatted?

Pork89

Contact him in one way or another and tell him the score.

Tell him you're worried that he might seek adverse possession and that you're going to seek legal advice to avoid him doing so.

Once you are given notice that someone is seeking adverse possession on your registered land you are expected to 'remove' them if you're not happy with them being there. Let your brother know you will not hesitate to have him removed if he goes down this route.

Could you possibly have him pay you a negligible sum of money as rent per month (something like £5) just so he is there as a tenant?

Debt_Free_Chick

You can evict him at any point in time - but you'll need to go through the legal process.

And if he does claim adverse possession, then you definitely evict him at that point. If he claims and you fail to evict, he will almost certainly get adverse possession after a further two years. This is the point of the two year period - it's your chance to evict to enable the AP claim to fail.

clutton_2

since no rent has been paid - is there a tenancy - and therefore is a Possession Order the correct legal process to get him out ?

i dont know

- find a local solicitor who does a free surgery - or do you have free legal advice with any insurance you have ?

as legitimate owner - you could send it to auction -

DO NOT give your brother a tenancy agreement - this will give hiim rights

duncan303

axsanexvoice wrote: »

...........The house was a gift to me by my father with the intention that my brother and I would share it................

Is you father still alive? is this a lifetime gift? Has your brother experienced any sort of difficulties that would suggest why your father gave you responsibility for the ownership and not your brother?

Lets suppose your brother has/had long term severe mental health difficulties and your father is getting old and tired of the family strain. Your father gifts you the family house and says always look after your little brother. Your brother obtains a council flat under the duty of care system and sublets it whilst living in the family home. Does he own the 2nd property to which you refer?

Your brother is seen to be taking advantage of your commitment to your family, but he is of course unwell.

If your brother succeds in ousting you and gaining title he may sell and spend all the money on chasing UFO's. And you will have failed.

reading a lot in here but taking snippets of statutory instruments and hearsay on here about the legal position seems to be not the main issue that is causing you stress.

On the face of it, it would seem that your position is very very unfair.


.....

RobertoMoir

axsanexvoice wrote: »

I helped him out, allowing him to stay there rent free, to help him out so that he could get on his feet but since then family relations have strained and now he tells me that he has more right to the house than I now that as he has had work done to it and refuses to move out or buy 50% from me.

You need to take legal advice, as you've already said you will, but my position on this particular bit would be that the work he's done to keep the house up is offset against the rent he hasn't paid. It's an interesting point though, as Clutton says, a tenancy would give him more rights (oblige you to do all this work, make sure the gas is up-to-date and safe, etc).

GDB2222

There's no risk of adverse possession for a few more years, but what I am not clear about is whether there were any strings attached to the gift from father. Was this 'share with brother' thing any more than a wish?

Leaving that to one side, the OP can serve a notice to quit on his brother, and then the house is his to sell.

I asked my brother to pay me 50% the value of the house and take all possession of it. He's refused to do to this and refuses to pay me any rent.

Refused in principle, or can't pay, or what? The fact that brother has a BTL does not mean he's rolling in it. A lot of these are in negative equity and the rent doesn't cover the mortgage.

lynzpower

Could you move in as well ?

chappers

I would make it very clear to your brother that YOU own the house and that if he has no wish to buy it that you are going to sell it with vacant possesion and that you will take steps to evict him , through the courts, if necessary.
Whether you give him half the proceedes is up to you.
Just make it clear that you have no intention of living in crappy rented accomodation whilst you have half a house at your disposal and he is living rent free with income from another property too.
Failing that you could just go round and beat the crap out of the ungreatful little 5h1t

DVardysShadow

Go through whatever it takes to get rid of him. Pay the 50% your father wanted your brother to have, but [as long as your father's request is not written down] charge all of your costs and any awarded against you to his share.

princeofpounds

Your brother is not likely to be a tenant as you need a consideration (ie rent) to change hands for that.

Unfortunately because you don't live there you can't just sling him out like a lodger.

He probably is a squatter of a type now. He did not break and enter.

You will have to apply to a court to remove him. Best you get on with this as will take time.

You will need a solicitor because everything depends on his status as an occupier and the penalties for handling it the wrong way are hard.