We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

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

13»

Comments

  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    if the sister refuses to move out.. then when the new owners try to move in and find her there, can they call the police ? or will they need a court order ?
  • Jowo_2
    Jowo_2 Posts: 8,308 Forumite
    clutton wrote: »
    if the sister refuses to move out.. then when the new owners try to move in and find her there, can they call the police ? or will they need a court order ?

    This is more an educated guess than fact.

    The mother is currently the landlord and their excluded occupier has no more rights than a visitor or guest. Failure to cooperate with a request to leave doesn't require her to take legal action.

    If the property transfers to a new owner, and the sister is still living there, then I think the new owner is obliged to take them to court if they do not leave. I'm guessing they are treated as a squatter. Also, the mother can get sued for failing to hand over the property with vacant possession and pay the legal expenses associated with this.
  • harz99
    harz99 Posts: 3,765 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Home Insurance Hacker!
    As the OP has not yet been able to respond to ANY of the suggestions/questions raised after her second post many hours ago I reckon we all need to calm down and let her come back to us with more info (or not as the case maybe).................
  • Jowo wrote: »
    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.
    It is fairly normal. The buyer's solicitor will insist on it as part of a 'due diligence' type of process on behalf of a lender and the buyer to gain assurance that the vendor will give vacant possession
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 352.3K Banking & Borrowing
  • 253.6K Reduce Debt & Boost Income
  • 454.3K Spending & Discounts
  • 245.3K Work, Benefits & Business
  • 601.1K Mortgages, Homes & Bills
  • 177.6K Life & Family
  • 259.2K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.