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Evicting a family member

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  • JethroUK
    JethroUK Posts: 1,959 Forumite
    edited 25 December 2014 at 8:28AM
    statex wrote: »
    ...... My 3 sons will benefit because they will inherit when I die. ....

    Why would you even consider him in your will?

    You seem confused

    Assertiveness is the first thing that leaves the home with the husband and I have a feeling you have not confronted your son about this because it makes you feel uncomfortable and the result is inevitable - he is walking all over you

    I strongly suspect you have not even asked him to leave which is of course your first course of action

    If you are not comfortable with this then ask a man you know (uncle, work colleague) to lay down the rules for you
    When will the "Edit" and "Quote" button get fixed on the mobile web interface?
  • Gigglepig
    Gigglepig Posts: 1,270 Forumite
    OP do your other two kids get the same support in terms of free childcare/bailout cash/free rent? I can't get why someone with 3 kids would do so much for one (unless there was a disability/illness/accident involved)....

    If you treat your children very differently it can be very hurtful and may damage your relationship with the other two. If you can afford to give the money away, why give it all to one of 3, why not charge 2/3 rd of market rent and split the cash between the other two?
  • Savvy_Sue
    Savvy_Sue Posts: 47,352 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Some things are clear from reading the first post:

    the OP is male

    if the OP moves to the country, the free childcare on five days pw will come to an end.

    So his wife's worries about not being able to see the grandson may be real, but they are already intending not to see so much of him.

    I'd suggest legal advice. At some point in the legal process of selling a house, questions will be asked about who lives in the house, and whether they have any legal right to do so. Any adults will be asked to sign a form to confirm that they will leave, giving vacant possession, once the house is sold. The OP could rely on that, but a letter from a solicitor requesting that they sign such a form may concentrate their minds.
    Signature removed for peace of mind
  • I think you're talking to the air. The OP's posting record suggests he won't return
  • Guest101
    Guest101 Posts: 15,764 Forumite
    Incase the OP returns.

    U need to issue a s21 notice, which is two months, then go to court and finally bailiffs. Total, 3-6 months depending on court availability.

    Dont listen to pink shoes, he's a tenant not a lodger.
  • If he doesn't pay rent is he a tenant - I think possibly not.
  • I'm not sure how a verdict of "posting record - talking to air" could be reached???

    OP has made two other posts I can find and both were comments on other peoples threads. This appears to be the first thread OP has ever started, so I'm sure he will be back to see what responses he receives and clarify further as to circumstances.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    If he doesn't pay rent is he a tenant - I think possibly not.

    Rent and a tenancy are very separate things. This is a tenancy I'm pretty sure. Certainly it's cheaper to work as if it is one, than to illegally evict and get arrested
  • FatVonD
    FatVonD Posts: 5,315 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker I've been Money Tipped!
    You could consider selling the house you live in now and giving them notice that you intend to live in the one they are living in now for 2 years so you can avoid Capital gains tax when you sell that one as it will have been your main residence for the required length of time.

    I think the words 'when are you expecting your house to be completed as we are selling our house and moving into this one?' would make it quite clear their rent-free days are numbered.
    Make £25 a day in April £0/£750 (March £584, February £602, January £883.66)

    December £361.54, November £322.28, October £288.52, September £374.30, August £223.95, July £71.45, June £251.22, May£119.33, April £236.24, March £106.74, Feb £40.99, Jan £98.54) Total for 2017 - £2,495.10
  • statex
    statex Posts: 38 Forumite
    Sorry for the delay in reply but I am new to this forum lark. I did write a reply but it seems to have dissappeared when I clicked the post button. Someone asked if I had teated the other two sons the same, yes I have, my parents were not rich but there were some insurance policies and I gave them the same amount of money as the son mentioned in my post. I always try to treat them the same.

    I have mentioned to him several times that I want to sell the house but nothing seems to hurry him. He is a bit of a perfectionist and it is taking ages to complete his own house. He could have lived in his house immediately after he purchased it not perfect but a coat of paint would have made it livable.

    There always seems to be a reason not to finish it, he started knocking down walls and ripping out the bathroom and kitchen etc.
    Then they had the baby and also his company has paid for him to take a degree, time off etc. He did not work on the house much during his final year but assured me he would work weekends and evenings after he completed the degree. Which did not happen I do help him on the days that he works on the house. Then he built a garage,worked on the loft and landscaped the garden instead of working on the main house and making it lavable.

    I am not a very assertive person and I was retired 2 years early by my employer due to stress and depression. One of my other two sons works with the problem one and he is very outspoken, I mentioned my frustration to him in the hope that he would mention it to the other but it does not seem to have made any diference.

    I considered giving up and not moving but my son intends to apply for promotion which may require him to work abroad. We would not see him or the grandson often if that happens which reinforces my aim to continue with my paln to move to the country.

    My wife does not want to move too far because of her family and as my sons partner works out of town. We intend to move within five or six miles of her employment. It will be a little inconvenient for her because she will have to drop off the grandson to us but things have been too easy for them.

    During the summer I advised my son that I wanted them out by January 2015 he agreed but when I spoke to him recently about it he said "its not going to happen now is it". However I must be firm and give him until 1 March 2015. When I recently spoke to his partner she said they hoped to move in by the summer but I have heard that one before.

    Life is short and time is running out for me I must be more assertive in the new year. Thank you for all the replies and advice.
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