HELP - evicting a VERY angry and reluctant sister from family home

Errata

As the profit from the sale of the property is in the region of £500k it would seem sensible to use some of that in advance and place the matter in the hands of a solicitor to enable legal steps to be taken to ensure she quits the property.

clutton_2

puddy says "" she can rent and if not working get hb or whatever,"" - not if she has £120k in the bank.....

theartfullodger

? Has she been advised by the Council housing dept not to leave voluntarily otherwise they won't help rehouse her???

heretolearn_2

It doesn't matter if she has been paying towards 'rent' and 'bills' - she has no real rights as long as the mother also lived there. She is just a lodger. That makes her what is called a 'common law tenant'. She does not have full tenancy rights. Your mum needs to give her a reasonable written notice to leave. If she then refuses to leave, you can get a court order. Citizens Advice Bureau and Shelter can give advice on this.

Frankly she sounds mentally ill. If a house has been sold, what is she planning on doing? Chaining herself to the kitchen sink? Does she have mental health problems/a learning disability and that is why she has lived at home until she ifs 50? I'd get a social worker for her - they can help her move on or into supported housing if she isn't capable of living alone.

Your mum could just wait until she is out and change the locks, but I suppose she doesn't want to go that far.

Jowo_2

The solicitor should be able to advise. Perhaps its best to get the sister out into rental accommodation in advance of the sale to stop any sabotaging of it?

As far as I know, as the sister is sharing amenities with the landlord who lives in the same place, the sister is an excluded occupier (lodger) who has no security of tenure. The landlord can issue reasonable notice and change the locks if the lodger doesn't leave and does not require a court order to evict them, unlike a tenant where longer notice is required and then a court order to enforce it.

The fact that they are close relatives is completely irrelevant to the required legal process. It's the status of the daughter's occupation (tenant or lodger) that will indicate the steps needed to get her out.

lindos90

Jowo wrote: »

The solicitor should be able to advise. Perhaps its best to get the sister out into rental accommodation in advance of the sale to stop any sabotaging of it?

As far as I know, as the sister is sharing amenities with the landlord who lives in the same place, the sister is an excluded occupier (lodger) who has no security of tenure. The landlord can issue reasonable notice and change the locks if the lodger doesn't leave and does not require a court order to evict them, unlike a tenant where longer notice is required and then a court order to enforce it.

The fact that they are close relatives is completely irrelevant to the required legal process. It's the status of the daughter's occupation (tenant or lodger) that will indicate the steps needed to get her out.

Thats very clear advice there, and hopefully helpful to you. I still find it unbelievable though,that family members would have to get solicitors involved to sort this out, but I see you have tried to sort things out with her, and this really is the only avenue open to you now, you have tried your best to avoid it.

How far along is the sale now? Do you have time to deal with your sister before contracts are exchanged?

poppysarah

heretolearn wrote: »

Frankly she sounds mentally ill. If a house has been sold, what is she planning on doing? .

House sold and she can only afford one for 1/4 the cost of it. I don't think being disgruntled at having to move counts as mentally ill.

Why is she not moving with her mum still?

churchrat

poppysarah wrote: »

House sold and she can only afford one for 1/4 the cost of it. I don't think being disgruntled at having to move counts as mentally ill.

Why is she not moving with her mum still?

That may well be the heart of the problem. The op has not said if the sister is ill or not, and if she "does" have a mental health problem it "may" mean the no amount of talking, bribing or threatening will help.

Living with a family member with mental health problems can be very diffficult and distressing, it can make life hell. If the problems are undiagnosed it can be even worse.

Jowo_2

To be honest, like some of the posts on advice forums, this isn't really about legal issues or practical steps, but a relationship problem.

It is clear that the sister's dominating personality and/or the timidity of the mother means that the mother has found it easier not to act, to take the path of least resistance and hope that the issue will magically resolve itself and therefore hasn't taken any simple and easy action to make the occupant leave, simply because they can't bear conflict.

It's fairly easy to take the practical steps that force the sister to leave the property which she clearly does not intend to do of her own volition but very difficult for the mother to inititiate for a host of emotional/psychological reasons.

Jowo_2

goodgrief71 wrote: »

.. Mum now needs to sign a paper from the solicitor saying no one over 18yrs will interrupt the sale of the house - sister point blank refuses to sign....

Just to double check, is it the mother who has to sign to say the property will be handed over with vacant possession, or the sister?

I don't know the conveyancing process in any great detail but it seems a bit odd to me that someone who is not the owner of the property, and not occupying it exclusively as a tenant, gets any kind of say on a legal document of this type.