Evicting a family member

Gingernutty

Guest101 wrote: »

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....

Um no. The son's house is the building site, he's living rent free in his grandparent's old house which statex is trying to get spruced up for sale.

I agree, whilst it's a good idea to give the son notice, the way it's being done is, um, passive aggressive...?

Guest101

Gingernutty wrote: »

Um no. The son's house is the building site, he's living rent free in his grandparent's old house which statex is trying to get spruced up for sale.

I agree, whilst it's a good idea to give the son notice, the way it's being done is, um, passive aggressive...?

I'm aware the sons house is the 'building site', that does not prevent them claiming works to this house also.

The way it's currently being done is potentially illegal, and a HUGE penalty and fine may be payable, and sometimes (unlikely granted in this instance) prison.

pearl123

Tell him you love him dearly, but that he has been their long enough. He's an adult it is he went.
Perhaps, mention it every day. "How everything progressing towards you moving out". I would say keep it very polite, even though I can see via the ideal home comment that you are a bit irritated.


If you want him out keep focused.

Gingernutty

pearl123 wrote: »

Tell him you love him dearly, but that he has been their long enough. He's an adult it is he went.
Perhaps, mention it every day. "How everything progressing towards you moving out". I would say keep it very polite, even though I can see via the ideal home comment that you are a bit irritated.


If you want him out keep focused.

Irritation begets irritation.

statex needs to be assertive, in keeping with the law and has to stop dropping hints, otherwise it could go very wrong, very fast.

statex

In answere to Big Auntie. He has probably cost me over £100k in lost rent, x amount of cgt and giving my other 2 sons equal amounts . Not including child care. In answere to Guest 101 he has not done any work on the house in lieu of rent. He and his other 2 brothers helped me refurbish the house, he because of the money I gave him to get out of debt and the other 2 because I gave them equal amounts in return they helped refurbish the house. It would have been much cheaper to have builder do it.
In reply to Mojisola wouldnt you be a little annoyed if someone squatted in your house rent free for 31/2 years and every time that you asked them nicely and in a civilised manner when they were leaving they flew of the handle and had a fit of temper.

How can they be tenants when they dont pay rent and I also have to pay for and carry out any repairs? The original agreement was that they could live there for six months until they found a property of their own, the agreement also was that they repair and put right any damage wear and tear to the property when they leave. Plus they pay council tax and utility charges. Which is not going to happen because I renovated the whole property 4 years ago, new carpets kitchen etc. It is all worn now and I will have to pay out again to bring it up to standard.

Surely as they have not kept to the agreement it is breach of contract and they have no rights. The laws of this country are crazy when someone can just take over your property and you end up in jail for trying to recover the us of it. I help my son every week to work on his own property to speed things up, perhaps I could claim tenants rights on that property in lieu of the work that I have done.
He has never registered to vote at his grandparents old house and is not on the electoral list does that make a difference?

statex

One point regarding the legal situation. My parents before they died were talked into putting the house into a trust by one of those rip off will writing companies to avaoid inheritance tax. Which was a joke because the house is well below the IHT threshold.

The house is still in trust because I have not bothered to changed it. I and one of my other sons are the remaining trustees, my dead parents were also trustees. I was advised by the person at the probate office that I would have to apply for a deed of variation before I sell it. Wonder if that makes a difference to the whole squatter tenant situation? As a trustee and executor I have a duty to carry out the wishes of the donors and their will.

Savvy_Sue

Whatever you were advised, you can only make a Deed of Variation within two years of the death of the person who wrote the original will.

We cannot give you legal advice, but honestly, the more you say the more it sounds as if you need to get some.

Mojisola

statex wrote: »

In reply to Mojisola wouldnt you be a little annoyed if someone squatted in your house rent free for 31/2 years and every time that you asked them nicely and in a civilised manner when they were leaving they flew of the handle and had a fit of temper.

No, because if my son had behaved like that when I asked him nicely the first time, I wouldn't have gone on asking him nicely for the next 3 1/2 years.

The situation is of your making - taunting him about not being able to go to an event because you've now reached the end of your tether sounds very childish to me.

Ames

statex wrote: »

In answere to Big Auntie. He has probably cost me over £100k in lost rent, x amount of cgt and giving my other 2 sons equal amounts . Not including child care. In answere to Guest 101 he has not done any work on the house in lieu of rent. He and his other 2 brothers helped me refurbish the house, he because of the money I gave him to get out of debt and the other 2 because I gave them equal amounts in return they helped refurbish the house. It would have been much cheaper to have builder do it.
In reply to Mojisola wouldnt you be a little annoyed if someone squatted in your house rent free for 31/2 years and every time that you asked them nicely and in a civilised manner when they were leaving they flew of the handle and had a fit of temper.

How can they be tenants when they dont pay rent and I also have to pay for and carry out any repairs? The original agreement was that they could live there for six months until they found a property of their own, the agreement also was that they repair and put right any damage wear and tear to the property when they leave. Plus they pay council tax and utility charges. Which is not going to happen because I renovated the whole property 4 years ago, new carpets kitchen etc. It is all worn now and I will have to pay out again to bring it up to standard.

Surely as they have not kept to the agreement it is breach of contract and they have no rights. The laws of this country are crazy when someone can just take over your property and you end up in jail for trying to recover the us of it. I help my son every week to work on his own property to speed things up, perhaps I could claim tenants rights on that property in lieu of the work that I have done.
He has never registered to vote at his grandparents old house and is not on the electoral list does that make a difference?

You really need to put emotion aside and look at the legal situation. If your son is a tenant (which doesn't have to mean signed a contract and pays rent) then you're stacking up a world of trouble for yourself.

It doesn't make a difference whether they're on the electoral roll or not.

Guest101

statex wrote: »

In answere to Big Auntie. He has probably cost me over £100k in lost rent, x amount of cgt and giving my other 2 sons equal amounts . Not including child care. In answere to Guest 101 he has not done any work on the house in lieu of rent. He and his other 2 brothers helped me refurbish the house, he because of the money I gave him to get out of debt and the other 2 because I gave them equal amounts in return they helped refurbish the house. It would have been much cheaper to have builder do it.
In reply to Mojisola wouldnt you be a little annoyed if someone squatted in your house rent free for 31/2 years and every time that you asked them nicely and in a civilised manner when they were leaving they flew of the handle and had a fit of temper.

How can they be tenants when they dont pay rent and I also have to pay for and carry out any repairs? The original agreement was that they could live there for six months until they found a property of their own, the agreement also was that they repair and put right any damage wear and tear to the property when they leave. Plus they pay council tax and utility charges. Which is not going to happen because I renovated the whole property 4 years ago, new carpets kitchen etc. It is all worn now and I will have to pay out again to bring it up to standard.

Surely as they have not kept to the agreement it is breach of contract and they have no rights. The laws of this country are crazy when someone can just take over your property and you end up in jail for trying to recover the us of it. I help my son every week to work on his own property to speed things up, perhaps I could claim tenants rights on that property in lieu of the work that I have done.
He has never registered to vote at his grandparents old house and is not on the electoral list does that make a difference?

He hasnt cost you over £100k in rent. I'm sorry but you've plucked that out of thin air. You're not calculating tax, LL insurance, Gas safety checks, paying a letting agent (since you dont know the laws). You would need to rent the property for £28,000 per year for that before taking into account all of the above.

You as a LL are responsible for repairs. Thats the law. You cannot put that responsibiliy on your tenants. So you shouldve been paying for the repairs. You shouldve charged them rent, you didnt, but im not convinced they arent tenants, and definitely are not squatters.

after 4 years, yes you will have to pay, just like any landlord for new furnishings. 4 years is about right for a tenanted property. They cant hover over your new carpets after all.

The bolded section is ludicrous, of course not. this is why Landlords end up in prison. A breach of contract cannot remove legal rights. you would be wise to learn this. The more you post, the more ignorant you sound. YOU DO NOT LIVE AT HIS PROPERTY. HE LIVES AT YOURS.

Follow the correct procedure and you can get your property back. You are choosing not to. Dont blame your son, or the laws, its down to YOU.

Re electoral role - no, it makes no difference. - hence my above post that you know nothing about tenancies, and i hope you arent going to ebcome a full time landlord after this