How to evict a family member

Zobo13

clutton - Unfortunately there is no elder in the family who can act as a mediator as no one has bothered since my grandfather passed. The council/housing association have advised me that if I want to downsize I would need to evict my aunt and her partner. The other thing that annoys me is the fact they both have money and declared poverty when being interviewed by the association.

BitterAndTwisted

Her name is not on the tenancy but as she's your grandfather's daughter she feels that it is just as much her home as yours, I presume. This is going to be difficult. As you mentioned down-sizing I would tell them that that is your intention right after Christmas and give them a reasonable deadline to make other arrangements. Don't expect them to go quietly.

Zobo13

BitterAndTwisted - I know its not going to be easy as it's been a fight from the beginning. I was my grandfather's main carer for nearly 4 years and lived with him. My aunt only moved in 18 months before he passed away and she never bothered or looked after him. His other children never bothered to. Hence the reason why I feel bitter towards her...but I need to move as I want to settle down and have my own family

clutton_2

After the holidays are over, i think you could take them out for a meal somewhere public, where they will not be able to kick off, and tell them quietly and calmy that you are gong to give in your notice on the house on.... and give them maybe 3 months notice and explain that you don't want to upset them, but those are your plans and its best if they start looking fairly soon.

Zobo13

I would rather tell them at home as my aunt drinks and taking her out for a meal would be a bad idea but do understand where you are coming from. I will take my partner with me when I do tell them, least I have someone there if need be. Its not easy when family members are involved and even more difficult when people are not reasonable and understanding. Thanks for the advice Clutton!!!!

cr1mson

Sorry not 100% clear do you want to leave the property as well? Or them leave and you stay?

C

VfM4meplse

Zobo13 wrote: »

To be honest I've not liked living in the same house and do tend to stay with my partner most of the time

It sounds like you are being cuckoo'd out! She needs to go.

Why not increase the rent to something nearer market value to encourage your lodger to exit early?

princeofpounds

She is a lodger, you can ask her to go at any time with 'reasonable' notice. If you feel threatened, 'reasonable' is to kick them out right away. No need for 3 or 5 month notice periods. In fact, I would suggest a smaller notice period so that the agony is not prolonged.

It is also important that you remain in occupation in the house throughout the period. If they can ever claim exclusive occupation of the house then you are in a much weaker situation than you would be otherwise. (No need to remain a prisoner, just make sure you are there every day and your major possessions are too).

If they do not leave, then you can use 'reasonable force' to make them do so. The bar for this is normally pretty low, so the normal thing to do if you have trouble is to call the police to assist the removal, telling them you fear a breach of the peace.

In this situation there is no point sending hints, you simply have to ask them to go and deal with it.

19lottie82

Zobo13 wrote: »

The council/housing association have advised me that if I want to downsize I would need to evict my aunt and her partner. .

Can you not issue them with eviction proceedings and inform the HA that you have done so.
Then when the time comes for you to downsize and move in to a new property, they will effectively be squatters (as they are not legally on the property lease), and it will be up to the HA to remove them?

BitterAndTwisted

There are no formal eviction proceedings available to get shot of family members who are occupying the property as lodgers. If the housing trust have advise the OP that she needs to evict them before she can move to another trust property then that is what she must do.

If they have been asked to leave and have been given a reasonable amount of notice the OP could pack up their belongings, leave them on the doorstep and then change the locks. The aunt would have absolutely no legal recourse whatsoever.