how do I evict my sister

BigAunty

There is a distinction between a squatter and a tenant (or excluded occupier) who doesn't leave when the landlord serves them notice - the squatter has entered without permission and that practice has now been criminalised whereas with a tenant/eo who ignores the notice, it is a civil matter, a breach of contract that will not result in criminal prosecution and therefore a criminal record. You invited your sister to live there so I cannot see how she can be defined as a squatter nor that it is a criminal offence to overstay her welcome.

https://www.gov.uk/squatting-law
http://england.shelter.org.uk/get_advice/homelessness/squatting

I don't know how the CRB/DBS check works but if it focusses on criminal issues then I can't see how going through the courts to evict your sister is going to have any impact on her DBS status.

Perhaps if she uses the dog excuse in future, you could check whether the local police would attend with you and take the necessary steps to permit your legal access or if they would regard this as a tenant/landlord issue and see it as a civil matter they won't get involved with.

But to be honest, as she won't cooperate with any viewings you may as well suspend access requests until she has left as you can probably have the property actively marketed for sale within days of her departure. On the question of her trying to set you up for theft charges, if you've not taken anything then there's no evidence and therefore the case won't reach court or you won't be found guilty (though, granted, its an awful faff to go through). You could always take someone with you as a witness. Try taping her threats next time - record her phone calls.

Did the solicitor say she is an excluded occupier? Did he give you the impression that she could be prosecuted for a criminal offence? Many processes to regain possession of a residential property are civil in nature and don't cause the person being evicted, even if they have damaged the property or even if they owe rent, with a criminal conviction.

EDIT - if the property is in England, I ran the following wizard which gives her status as 'excluded occupier' with limited rights. I'm not sure if the probate related matter affects this status.

http://england.shelter.org.uk/get_advice/downloads_and_tools/tenancy_checker

Is it possible she has changed or will change the locks? The posters on this forum generally tell tenants to change the locks on the property if their landlord has been accessing the property without permission, though granted it remains to be seen if she is a tenant or if your status with the administration of the estate means you have free access to it. As she's highly resistent to you stepping over the threshold I wonder whether she would resort to this.

Kynthia

BigAunty wrote: »

Did the solicitor say she is a tenant or not?

She is not a tenant as she has never paid rent, been asked to pay rent, agreed to pay rent or paid any rent in kind such as agreeing to do improvements to the property 'in exchange' for staying there rent free. The OP said the solicitor told her the sister "has no right of occupancy and, as there is not formal tenancy agrement in place, I am at liberty to expect her to move out at any date I specify" which seems to be saying there is no tenancy as that's not how to end one.

According to Shelter's tenancy checker she is an excluded occupier with similar rights to a lodger, and a court order is not required to evict. However I can see that getting one is better if she refuses to go as it's not like the OP wants to change the locks one day distressing her niece/nephews.

mummyindistress

Yes, excluded occupier you're right. The squatter bit was me assuming. Sister still being awkward unfortunately so seeing solicitor for next steps soon.

TBagpuss

Given her behaviour I suspect your next step needs to be to get your solicitor to write to her, very clearly setting out the consequences if she doe not cooperate.

Legally, it sounds as though you can probably arrange to go in and change the locks (arguably as administrator it is our duty to secure the property in any event.)

However, before you do so it may be worth seeing whether she is willing to attend a meeting with you and your sister. What is she hoping to achieve? Why is she acting in this way? What would she want to see happen, in order for her to cooperate to sell the house?
I am not defending her behaviour at all, but if you are able to understand why she is acting as she is,it may help you to decide how to proceed - e.g. if her main issue is greed, then solicitor's letter making clear the financial cost TO HER if you have to go to court may be effective.
If she is stringing things out in the hopes that she will be in a position to buy the property in the ner future then (subject to your and your other sister's views) a formal tenancy agreement, with rent and notice clauses, and a fixed deadline by which she has to come up with the purchase price or get out may be worth exploring.
If this is part of her grieving process and she doesn't want the house to be sold because she sees it as 'home' then that is more difficult - are there personal things belonging to you Mum that she can have a share of so she feels she is keeping some important memories.
Why are you sole administrator? Is it possible that she resents that you, and not she, has this task? (I don't have an answer, if that's it, but understanding her motivation may make it easier to counteract)

Re: her being present for valuations - is to possible to ask her to give you 2-3 possible times/dates?

mummyindistress

Your suggestions may have felt more do-able a while back but I have become so ground down by her erratic and abusive behaviour (I have only posted the smallest snippet of what she has subjected me to) I feel I need to leave it with the solicitor to sort now. But thank you.

onamissionEU

Intersting thread. OP, sorry for your loss - at times like this the last thing you need is a family feud to take over life. Do keep us posted here - this is an unusual situation though it could happn to any one of us.

RuthnJasper

Hope things are OK with you MummyinD. x