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Evicting a family member
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statex
Posts: 38 Forumite
Does anyone know how to evict a family member from a house and can they claim squaters rights and claim my inheritance?
Basically my parents died three years ago I inherited their house. I let my son and his partner live there rent free temporarily. (the agreement was six months rent free whilst he renovated his new house) and now after 4 years I cant get them out. They still pay no rent or repair costs.
I am in my late sixties and I want to sell my parents old house and my home and move to the country, whilst I am fit enough to enjoy it. My 3 sons will benefit because they will inherit when I die. I am finding the upkeep of 2 homes a burden on my pension. Life is precious and we feel that four years of our life has been wasted.
You probably think I am being unreasonable by wanting to kick them out but they have a house but it is taking so long to decorate it 3 1/2 years and he keeps finding jobs to avoid moving in. Also he got into debts of about $20k 7 years ago and I had to bail him out with £10k and lend him the rest. later I also gave him another £10k, which was supposed to be a loan because he was whining about not being able to afford a house,which I will never ever see again.
I am not rich and always earned below the average wage but saved hard and went without luxuries all my life to save for my retirement, my nest egg has now gone. My son by the way earns two and a half times the wage that I used to earn. I am also going to lose money when I sell the house due to capital gains tax. Which means less money to purchase another house. He is the one with the flashy phones,two cars and 60 inch tv.Not me.
An additional worry is that his partners father now lives with them Monday to Friday because he has changed his job. I am afraid I will lose ownership of the house. My wife is also afraid that they wont let us see our grandson again if I force the issue. We look after him 5 day per week whilst they go to work it is a bit of a tie as we cant do the things we wanted to do or take holidays during retirement but we love the grandson so much, which compensates for the lack of freedom.
Can anyone please advise?
Basically my parents died three years ago I inherited their house. I let my son and his partner live there rent free temporarily. (the agreement was six months rent free whilst he renovated his new house) and now after 4 years I cant get them out. They still pay no rent or repair costs.
I am in my late sixties and I want to sell my parents old house and my home and move to the country, whilst I am fit enough to enjoy it. My 3 sons will benefit because they will inherit when I die. I am finding the upkeep of 2 homes a burden on my pension. Life is precious and we feel that four years of our life has been wasted.
You probably think I am being unreasonable by wanting to kick them out but they have a house but it is taking so long to decorate it 3 1/2 years and he keeps finding jobs to avoid moving in. Also he got into debts of about $20k 7 years ago and I had to bail him out with £10k and lend him the rest. later I also gave him another £10k, which was supposed to be a loan because he was whining about not being able to afford a house,which I will never ever see again.
I am not rich and always earned below the average wage but saved hard and went without luxuries all my life to save for my retirement, my nest egg has now gone. My son by the way earns two and a half times the wage that I used to earn. I am also going to lose money when I sell the house due to capital gains tax. Which means less money to purchase another house. He is the one with the flashy phones,two cars and 60 inch tv.Not me.
An additional worry is that his partners father now lives with them Monday to Friday because he has changed his job. I am afraid I will lose ownership of the house. My wife is also afraid that they wont let us see our grandson again if I force the issue. We look after him 5 day per week whilst they go to work it is a bit of a tie as we cant do the things we wanted to do or take holidays during retirement but we love the grandson so much, which compensates for the lack of freedom.
Can anyone please advise?
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Comments
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No such thing as squatters rights in the United Kingdom now so of course you can evict him. I'm not entirely sure why you'd keep this leech in your will either after this behaviour. Visit your solicitor and have the papers drawn up to remove the leech from your house.0
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You are an unpaid childminders, unpaid landlord and charity. Your son is being very unreasonable. Time to be straight with him. You now wish to sell the property and move. He needs to move out of the house and find a childminder.
How do your other children feel about all the help you seem to be giving to this child?0 -
He's taking serious liberties with you even if he is your son. Take your life back.
If you uses your grandchilden as a weapon, it's very sad but there's nothing you can do about it. Take back control of your life.
Just one question... Des he know how you feel? Have you told him strongly you need him to move out? If yes then he is taking advantage of you...0 -
No such thing as "Squatters rights"
Thou their is a quirk in English law that means if you live somewhere for 15 years without the owners permission, and they have not contacted you in that time to ask for rent or to move you on, you are entitled to keep living at that location as if you are a full rent paying tenant under the law.
The owners can still then go to court to evict for non-payment of rent etc... etc...
BUT We are not Lawyers so :
See a lawyer and start on the eviction process.
Side note you might want to think of amending your Will while you are there!Laters
Sol
"Have you found the secrets of the universe? Asked Zebade "I'm sure I left them here somewhere"0 -
They obviously gained a sense of entitlement from you and your wife and clearly still consider you as the people to look after him. This is not going to change in a day and withdrawing all this support in one go will most likely result in him feeling you are letting him down and even possibly seeing it as you not loving him any longer.
I would have a very serious talk with him and explain that all that support you gave him was not as of parental duty but out of love, but it is now time he returns that consideration and let you enjoy the retirement you deserve. Give him a very clear timescale to move out and make it clear that even if they can't move into the house by that date, they will have to rent elsewhere. Tell him that the last thing you want is to evict him legally, but that you will resort to it if they have too.
Hopefully he has been brought up to appreciate all you've done for him so even if he goes in a huff at the time, it won't be long until he comes back and say sorry for his lack of appreciation.0 -
Family is taking liberties. And in my opinion you have been a terrific and very reasonable Mum over the last 4 years. You have lent him 20k, if I have read it right, and provided him a home for 4 years. Interested to know how he pays off his own property, and to what he and his partner do with their money in the mean time? My bet is he has racked up even more debt that you don't know about. They must earn more than you, yet can't be bothered to pay rent, even offer to reach a payback agreement or timescales for the house being done or the money?
I would make it very clear that you want a written agreement for either him to move out, or to start paying rent until he does, because he is taking the p*ss. I don't see any reason why you should go out of your way anymore for him, other than he is your son. And he certainly isn't treating you like his Mum, more like a doormat. If he refuses, start eviction proceedings.It's always darkest before the dawn.
"You are sheep amongst wolves, be wise as serpents, yet innocent as doves."0 -
I'd tell him that you are going to put the house up for sale. It will give him time to find somewhere else. Also tell him that you're quite happy to still look after his child but that if he decides to stop this then it's his decision. You'll probably find that they need you more than you need them.
You need to stop being a doormat and look after yourselves. What do your other sons feel about this situation ?0 -
Time to be tough. My sister is similar to your son - take take take with disregard for our parents. You do enough.
Tell them you are selling the house and are giving them one months notice - they have somewhere else to go. Offer to book a van to help them move. Make a joke that it's a good job squatters rights no longer exist and you could always call the police to get them out if they refused. Then point out how well the housing market is doing and one day they will have a great inheritance.£2 Savers club £0/£150
1p a day £/0 -
Your son is a lodger, so has no rights.
Just write him a letter saying that you are going to be selling the house, so are giving him and his partner 1 month notice to find somewhere else to live, expiring on 25th January.
After this date, just change the locks when he is out, and put his stuff into bags for him to collect.Should've = Should HAVE (not 'of')
Would've = Would HAVE (not 'of')
No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)0 -
Can't add anything to what has already been said. Get an S21 issued and get him out.(•_•)
)o o)╯
/___\0
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