Need to evict brother

Matt2000

I am the executor of my late mother's will. My brother lived with her until she died last month. The will leaves the house to me and my 3 siblings including my brother. My brother is retired and on benefits.


He has not been paying any rent before or since my mother died but will now have to pay for utilities (my mother was paying all household bills before she died).


I assume that he is now legally a tenant and that I need to act as a landlord and will need to evict him through the courts as the council have told him that they will not consider him to be homeless until he is evicted.


I was just wondering if anyone else had been through anything similar and could give any advice.


Thanks for any help.

HappyMJ

Legally he's a joint owner and can stay on in the property.

You can't evict him like a tenant.

You can force a sale and if he refuses to leave you can gain possession. Very expensive though so much better to negotiate a settlement.

If he gets a 1/4 share of the equity could he afford to rent a property.

G_M

What is his attitude?

Does he accept that the house is now jointly owned by all siblings?
Does he accept that things (ie his life) will have to change?
Does he accept that you and the other sibling will want a new arrangement (ie to sell the property, or charge him rent, or sell your shares to him etc)?

Or is he in denial - "it's my home I'm not moving I can't afford to pay rent I won't let you sell" etc

What do you and your sibling want to do with your shares? Are you willing to compromise for the sake of your brother?

Matt2000

Thanks for your answers. He understands that he has to leave, however, the council has told him that he needs to be evicted and that he needs to fight the eviction otherwise they will not re-house him.


My other siblings are much older than me so will want the house sold so that they can get their inheritance.


Also, one of my siblings does not talk to my brother and so will not be willing to compromise.


Is he already a part owner of the house if we haven't gone through probate yet?

Homeownertobe

He may be able to lay claim to the house as he was financially dependent on your mother prior to her death. Something to look into.

45002

Matt2000 wrote:

I am the executor of my late mother's will. My brother lived with her until she died last month. The will leaves the house to me and my 3 siblings including my brother. My brother is retired and on benefits.


He has not been paying any rent before or since my mother died but will now have to pay for utilities (my mother was paying all household bills before she died).


I assume that he is now legally a tenant and that I need to act as a landlord and will need to evict him through the courts as the council have told him that they will not consider him to be homeless until he is evicted.


I was just wondering if anyone else had been through anything similar and could give any advice.


Thanks for any help.

Matt2000 wrote:

Thanks for your answers. He understands that he has to leave, however, the council has told him that he needs to be evicted and that he needs to fight the eviction otherwise they will not re-house him.


My other siblings are much older than me so will want the house sold so that they can get their inheritance.


Also, one of my siblings does not talk to my brother and so will not be willing to compromise.


Is he already a part owner of the house if we haven't gone through probate yet?

This has nothing to do with Landlord and Tenants law at All, the Council are talking rubbish

You All need to sit down discuss this like adults and come to a amicable agreement ....

xylophone

Does the will leave the house to you and your siblings or does it direct that the house should be sold and the proceeds split between you and your siblings?

Presumably, if the former, the executors could sell the house over his head, so to speak?

If the latter, he becomes a joint owner and if he is unwilling to move, a forced sale could only be achieved through a court order?

Either way, your brother in residence will end up with a capital sum.

Presumably this could have an effect on his benefits?

Would he be able to rent privately?

If he is retired, are there any one bed properties available for rent to older people through a housing association?

silvercar

Has your brother lived with your mother all his life? Is this the family home? Did your brother provide companionship and possibly care for your mother in her latter years?

I can imagine your brother thinking this is his home and the trauma of losing his mother shouldn't necessarily make him homeless.

PasturesNew

There are a variety of conflicting issues here, including:

- he is a part-owner of the property, so has his own/independent rights to stay in the house
- he is a part-owner, so will come out of it with cash in his pocket - the Council will not be interested in housing him as he is single so won't be a priority; he will have means, so won't be a priority.

Ultimately, you need to work together on this as a family to move forward. He needs more time to 'grieve' and assistance in sorting out his options re renting privately. Maybe even carting him about, helping with viewings, helping to sort out the house as it is together.

He might be able to get onto a list of older people housing himself locally, for example.

getmore4less

If the brother has lived there no rent on benefits then has a very good case to be classed as a dependant

He could challenge the will for a life interest so it can't be sold.

getmore4less

G_M wrote: »

What is his attitude?

Does he accept that the house is now jointly owned by all siblings?
Does he accept that things (ie his life) will have to change?
Does he accept that you and the other sibling will want a new arrangement (ie to sell the property, or charge him rent, or sell your shares to him etc)?

Or is he in denial - "it's my home I'm not moving I can't afford to pay rent I won't let you sell" etc

What do you and your sibling want to do with your shares? Are you willing to compromise for the sake of your brother?

As above legally that may be the position if the courts agree.