How to evict a family member

Zobo13

Good evening, I hope to you can advise me.
For various reasons to lengthy and upsetting to go into here I wish to evict my aunt and her partner from my home. She is in her late 50’s and, she is a family member, does not have any tenancy agreement.

I have another problem where by my aunts partner is waiting for a heart transplant, as yet I have not issued a letter asking them both to move. I am pretty certain that once I do issue the letter they will not go. She has been aggressive to me in the past and thinks she will do the same again.

Any advice on what legal steps I should take to get the pair out would be greatly appreciated.

Thanks

clutton_2

is she living with you, or in a separate house which you own. do they pay you rent - or bills ?> if this is a family matter, i would certainly wait till after christmas before doing this.

Zobo13

She is living with me and only pays half the rent/council tax. Her partner does not pay for anything. I was not looking to evict them this side of Christmas it would be the middle of next year. She is an unreasonable person and is very selfish.

sequence

If she's living with you in the same house and shares house areas with you she is probably a lodger, which mean she has almost no rights to be there. You could evict with 24 hours notice if that's the case, but check for sure before hand, because I am not an expert!

I'm with it being family you'll give a bit more notice though

Zobo13

She's living in the same house and every room is shared apart from my room lol....Like in my previous post I am not looking to downsize until the middle of next year.

sequence

Assuming she isn't named on your tenancy agreement, you can should be able to evict no problem. I don't think there's a legal process like with tenants, so you can just say to her " I want you out tomorrow", but it's a good idea to give a more reasonable notice say 1 month. If you feel threatened you can call the police who will assist,

BitterAndTwisted

Is this this a home you own or rent in your own name? I'm assuming if it's rented and they are not on the tenancy agreement you can ask for them to leave at any time. If you fear for the reaction you get when you ask them to leave, I suggest that you have another family member or close friend with you.

If they are unreasonable and have been aggressive to you in the past they surely must know that you are not happy having them there already.

Zobo13

No it's my name on the tenancy agreement as I took it over from my late grandfather. Just like to know where I stand as when I went to CAB they didn't really help me much. I was looking to give 3/6 months to get out, least I'm not being nasty about it lol. Hate involving the police over something so small as this but like you said if I do feel threatened then I have no choice.

clutton_2

zobo this will not be a small matter for them... losing their home when one of them is ill is a Very Big matter in my view. Is there an elder in the family who can act as mediator for you all who can come and talk it through with you all ?

is this a council / housing assciation house ?

Zobo13

BitterAndTwisted - this is a housing trust property and her name is not on the tenancy, just mine. The tenancy has been in my name since 2009 and what a job that was!!!!! To be honest I've not liked living in the same house and do tend to stay with my partner most of the time! Just want a fresh start as none of my grandfathers children both with the house now since he has gone and my aunt is only in there as its cheap rent for the both of them - £51 for the two of them each week in a 3 bed house, they are laughing!!!!

HappyMJ

Are you leaving the property at the same time? Just tell them when you have handed in your notice. Make sure they leave a week or two before the tenancy finishes and then give the keys back to the landlord when you leave. If they don't leave you'll have a week or two to force them out.