Advice Please!-Getting Sister out of deceased mums flat

RAS

Your brother needs to get a solicitor to start eviction proceedings, pronto. You frankily did not have the legal right to even allow your sister into the property if you were not the executor.

I suspect that you did not do any sort of inventory when they moved in?

You may have to tell yourt sister that the cost of getting the flat back into serviceable condition for sale will come from her portion of the estate, as will the cost of the eviction. Youn may not be able to enforce that.

She probably needs the eviction notice to try and get Council housing. And make sure her name is listed with the COuncil for CT

thegirlintheattic

Your solicitor is right, you need to go to court to get her out.

Even if your brother did put it on the market, nobody in their right might would touch an property occupied by what are essentially squatters.

Did the three of you inherit the house together btw?

Jeffrey_Shaw

But sister might not be a squatter, because as a beneficiary:
a. she might have, under the Will, a right to occupy;
b. her consent might be needed for a sale; or
c. she may have power to direct the brother as executor (quasi-trustee) how to deal with the property.

thegirlintheattic

Jeffrey_Shaw wrote: »

But sister might not be a squatter, because as a beneficiary:
a. she might have, under the Will, a right to occupy;
b. her consent might be needed for a sale; or
c. she may have power to direct the brother as executor (quasi-trustee) how to deal with the property.

If this is to me, I meant from the perspective of a buyer.

vax2002

You give her a rent book at the going rate and say any rent paid will be paid in to estate.

Jeffrey_Shaw

thegirlintheattic wrote: »

If this is to me, I meant from the perspective of a buyer.

I was explaining to OP why the sister might not be a squatter.
Yes, of course almost every sale contract obliges V to give vacant possession on completion.

Jeffrey_Shaw

vax2002 wrote: »

You give her a rent book at the going rate and say any rent paid will be paid in to estate.

IF that's what OP does, I'd also suggest an Assured Shorthold Tenancy Agreement.
Using merely a Rent Book will answer almost no questions and leave the sister's status unresolved.

DVardysShadow

Jeffrey_Shaw wrote: »

IF that's what OP does, I'd also suggest an Assured Shorthold Tenancy Agreement.
Using merely a Rent Book will answer almost no questions and leave the sister's status unresolved.

That is a bit around the houses. Currently, it is evict them on whatever status they have. If they are given an AST, it becomes wait 4 months, give a section 21 notice, wait 2 months, start eviction proceedings on them as outstaying AST tenants

Jeffrey_Shaw

I agree; I did not recommend it! Even a Rent Book presents similar problems.

puddy

if she is one of the beneficiaries, how can she rent her own property?

plus that means that op and her brother (and the sister) become landlords and that comes with all sorts of regulation and stuff to get right