Evicting a family member

duchy

If assertive is too scary a word - replace it with "matter of fact"

Just let them know you've arranged for valuations -and then say "If everything goes as expected we'll be putting the house on the market as soon as you are back in your house. I'm thinking 01 Feb......would you like us to help you with the packing up and have junior on moving day ?"

statex

Thanks for all the replies. Just thought I would let you all know how about my progress. I have started being more assertive. The last straw was when he informed me that his partners parents were coming to stay for the weekend. Not a problem in itself but they have 2 dogs , I love dogs but one of them is now incontinant. I told my son in no uncertain terms that as I had new carpets fitted a couple of years ago I did not wish to replace them again and in no way would I allow incontinant dogs in the house. Also the same day I advised him that he had 8 days or 64 hours to finish his house. As he only works on it 1 day per week at 8 hours a per day this equals 64 hours and I expected him to be out of my parents old house by Easter.

His reaction was like a small child, he was at his own house repairing the floor, he banged the floor boards so hard he broke a couple. He then started complaining and saying that "he was fed up with this and moving into his house in its present state, no bathroom or kitchen and like a building site and it was tough if the baby was injured".Trying to make me feel guilty.

That is the deadline for him now Easter. I keep rubbing it in because I have tickets via the MSE code, for the Ideal Home Show. I said " Oh but you cant go can you, you will be moving at Easter". Although there are only about 6 weeks to Easter he does not seem to be rushing to complete his house, just dithering about as usual, seems to treat it as a hobby, like stamp collecting.

Reinforcing my deadline and to give him a reminder I have started painting the outside of the parents old property and cleaning the driveway etc. I will move inside next and start inconveniencing him by painting at weekends. I have as someone mentioned arranged for an estate agent to value the property in March.

Although I have given him quite a lot, he is not at all grateful. He mentioned on one occasion that his partner was living at her uncles house, which she hated before they moved into my parents old house. I said "if I had not let you live at my parents property, she would still be there and you would not have been able to live together". He just said " Oh we would have just rented a property". If they had they would not have been able to buy their house.

One other occurance which may speed thing up is that the Council has written to him advising him that they are going to increase his council tax by 50% because his property has not been lived in for over 2 years. I will keep you posted.

Guest101

statex wrote: »

Thanks for all the replies. Just thought I would let you all know how about my progress. I have started being more assertive. The last straw was when he informed me that his partners parents were coming to stay for the weekend. Not a problem in itself but they have 2 dogs , I love dogs but one of them is now incontinant. I told my son in no uncertain terms that as I had new carpets fitted a couple of years ago I did not wish to replace them again and in no way would I allow incontinant dogs in the house. Also the same day I advised him that he had 8 days or 64 hours to finish his house. As he only works on it 1 day per week at 8 hours a per day this equals 64 hours and I expected him to be out of my parents old house by Easter.

His reaction was like a small child, he was at his own house repairing the floor, he banged the floor boards so hard he broke a couple. He then started complaining and saying that "he was fed up with this and moving into his house in its present state, no bathroom or kitchen and like a building site and it was tough if the baby was injured".Trying to make me feel guilty.

That is the deadline for him now Easter. I keep rubbing it in because I have tickets via the MSE code, for the Ideal Home Show. I said " Oh but you cant go can you, you will be moving at Easter". Although there are only about 6 weeks to Easter he does not seem to be rushing to complete his house, just dithering about as usual, seems to treat it as a hobby, like stamp collecting.

Reinforcing my deadline and to give him a reminder I have started painting the outside of the parents old property and cleaning the driveway etc. I will move inside next and start inconveniencing him by painting at weekends. I have as someone mentioned arranged for an estate agent to value the property in March.

Although I have given him quite a lot, he is not at all grateful. He mentioned on one occasion that his partner was living at her uncles house, which she hated before they moved into my parents old house. I said "if I had not let you live at my parents property, she would still be there and you would not have been able to live together". He just said " Oh we would have just rented a property". If they had they would not have been able to buy their house.

One other occurance which may speed thing up is that the Council has written to him advising him that they are going to increase his council tax by 50% because his property has not been lived in for over 2 years. I will keep you posted.

So you ignored post 26 and 29?

This forum is basically a moral battleground, with limited legal advice. And whilst I'm not saying they definitely are tenants. If they claim they are, the court might listen. They could argue that in lieu of rent they did work to the house.

Really what you're doing could be soooo illegal.

But you carry on....

BigAunty

To reinforce the deadline, one that you have extended on many occasions or let slip by, get the estate agent round soon when you are next present. Tell him the 'for sale' sign will go up on 1st March.

Have you actually calculated how much his stay has cost you? The rent that you could have earned over the years, the hit on CGT and any repairs/refurb that you end up paying for his wear and tear? You could reduce his inheritance by that sum.

I'm not optimistic that he'll move out by Easter. He will want to drag it out at least one more time to show that he can't be pushed around and that you are there to serve him.

Have you sought legal advice about his status, whether or not he's a tenant?

BigAunty

statex wrote: »

As he only works on it 1 day per week at 8 hours a per day this equals 64 hours and I expected him to be out of my parents old house by Easter.

.. He then started complaining and saying that "he was fed up with this and moving into his house in its present state, no bathroom or kitchen and like a building site and it was tough if the baby was injured".Trying to make me feel guilty.

I hope next time he tries to guilt trip you that his current place wasn't ready, you say something like 'Well, we've saved you x thousands in child care, and x thousands in rent so you should have had plenty of funds to send in tradesman rather than dilly for years. Basically, you've had plenty of time and money freed up for your refurb while your poor project management of it will cost me x in CGT and you've now admitted it's still not safe for your child'

Caz3121

If his house is not ready for Easter (sounds like unlikely) he should look at a 6 month rental elsewhere. I am sure having to pay rent will focus the mind on getting the house finished

RAS

statex

You need to do this properly.

You may be his father but you are also his landlord and are required to abide by the law.

Do you have a proper Gas Safety certificate? Because you need an up to date one. Get it done.,

By LAW you have to give two month's notice to leave (known as a Section 21 notice) and if he refuses to go, you have to apply through the courts.

If you are determined, you get trhe paperwork right and there are court dates and bailiffs available it could be 3 months after the end of the notice period, if you are unlucky 6-8 months if he forces you to evict him.

Having spoken to your son, now write to him and his wife formally giving two month's notice. You might want to explain verbally that his inaction forces your to take this action.

If you are lucky he will go by the deadline.

Go over to the renting and selling forum and ask for help.

Guest101

Caz3121 wrote: »

If his house is not ready for Easter (sounds like unlikely) he should look at a 6 month rental elsewhere. I am sure having to pay rent will focus the mind on getting the house finished

Assuming ofcourse that he doesnt already have tenants rights, and the OP would need to issue a S.21 (2 month notice) then go to court to get a possesion order and then get bailliffs to remove - in total 4 months. Which would be June/July.

Since the OP has absolutely NO right whatsoever to physically remove them, i woul dbe interested in seeing how this plays out.

Of course the protection from eviction acct (1977 ? might google in a second) only applies to tenants, which is where the crux of the matter is.

I would probably agree and say they are probably not tenants, on the face of it. However if they have agreed to do work in exchange for accomodation, then the 'payment of rent' is done in lieu, by services rendered.

In which case the OP has failed in a number of legal requirements. Gas Safety for one. And now Harassment. and it looks like illegal eviction soon.

Mojisola

statex wrote: »

His reaction was like a small child

I keep rubbing it in because I have tickets via the MSE code, for the Ideal Home Show. I said " Oh but you cant go can you, you will be moving at Easter".

Yours isn't much better.

heartbreak_star

I too think you are treading on thin ice OP...I can absolutely understand your frustration but you NEED to make sure everything is done perfectly legally or you're looking at a world of trouble!

Good luck.

HBS x