Advice Please!-Getting Sister out of deceased mums flat

DVardysShadow

puddy wrote: »

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

No, the executor would be the LL, if the estate has not been distributed.

jamie11

I don't understand how she can even be a tenant if no rent is being paid. Also since she was allowed to move in she can hardly be an excluded occupier.

blue_haddock

Wait till they all go out and then get a locksmith in to change all the locks.

Simples!

Annisele

blue_haddock wrote: »

Wait till they all go out and then get a locksmith in to change all the locks.

Simples!

And then wait for the claims of illegal eviction and harassment...much easier (and safer!) to involve a solicitor and do it properly.

I'm not saying that the sister is a necessarily a tenant (I don't know anything about Scottish law), but I think the whole thing will be much less stressful for the OP if he can be 100% confident that he's on the right side of the law at all times.

themadjock

Further to theartfullodger's post, I have used TC Young and can thoroughly recommend them. I spoke to Ruth Johnston in their Glasgow office for advice relating to evicting a tenant, (following a recommendation from a colleague - who had also been to one of their seminars). She specialises in this type of law.

Jeffrey_Shaw

jamie11 wrote: »

I don't understand how she can even be a tenant if no rent is being paid. Also since she was allowed to move in she can hardly be an excluded occupier.

One can be a tenant even if no rent is being paid. The only argument is then about the lack of provable terms of any tenancy, in the absence of a proper written Letting Agreement.

go_cat

themadjock wrote: »

Further to theartfullodger's post, I have used TC Young and can thoroughly recommend them. I spoke to Ruth Johnston in their Glasgow office for advice relating to evicting a tenant, (following a recommendation from a colleague - who had also been to one of their seminars). She specialises in this type of law.

And how long have you worked for this ccompany

theartfullodger

Jeffrey_Shaw wrote: »

IF that's what OP does, I'd also suggest an Assured Shorthold Tenancy Agreement.
................

Err... Scotland, thus a SaT not AST but as posted earlier I'd advise against any form of tenancy (clearly OP's choice..) as it will open "landlord" up to issues of registration etc .. (max fine for non-compliance recently went up to £50k..., albeit probably not in this circumstance but you get my drift...), Gas safety certs etc etc etc..

Cheers!

ceebeeby

Is she still smoking whilst preggers and with the two babies in the house? TBH she sounds a bit scummy - sorry I know she's your sister. Welfare? Social Work?

Just tell her what a parasitic twallop she's being and that you and the brothers all want her out ... now.

BTW - how comes you got to make the decision about her moving in, when brother is estate manager? Surely that was his decision. Can you guys gang together and fling her out?