Need to evict brother

jetplane

Council policy will not be considering your brother a priority for housing unless he is homeless. Some councils will not accept you as homeless unless you have been forcibly evicted and fought this eviction.

Once he has been accepted as homeless this does not mean he will be rehoused by the council. Often you are placed in temporary homeless accommodation and then moved on into private rented.

It depends on your local council and there are not enough local authority properties available. So may be hoping that he can move out into a council house is not the way to move forward on this.

This must be a very difficult time for your brother, there are many families where one sibling is left at home and seen as an obstacle when the parent dies. If your brother is wiling to move then it may be necessary to help him find a good quality private / association / supported rental before a huge battle ensues which ultimately results in him being rehoused in some grotty bedsit.

Pixie5740

Depending on how the will is worded, if your brother does have to move out then why does the council have to re-home him? He'll have a lump sum from the sale of the property so he could either rent privately or buy his own home.

Would you and your siblings be willing to give him £X to help him relocate now and then deduct that from his share of the proceeds when the place is sold?

Matt2000

xylophone wrote: »

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?

The will just leaves my mother's estate to be split equally between me and my siblings - it does no say that it should be sold.


I don't think my brother would mind where he lives and am sure he will look at private lets and HAs.

Matt2000

silvercar wrote: »

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.

He only lived with my mother after he was divorced around 6 years ago and yes, he did care for her before she died. He has always understood that he will need to leave the house when she died.

getmore4less

Matt2000 wrote: »

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

The legal owners will be the trustees(executors) of the estate.

He will have a beneficial interest in the property.

his occupancy status needs thought.

You may want to think carefully before creating a tenancy by charging rent.

I understand if done properly you can extract money under a licence to occupy/compensation for losses(councils do this when trying to remove subtenants).

PasturesNew

What sort of figures are we talking?

£100k divided between 4 children is a different ballgame to £900k divided by 3. The first offers fewer options than the second.

e.g. maybe there'd be enough money for him to buy a studio flat outright within 20 miles..... or maybe not even enough to rent a caravan for a week.

Also, his age - will he be needing a job? A bit of encouragement/support to do that, helping him get his hair cut, a shiny new suit and shoes etc could see him using his portion as a deposit on his own place, topped up by a mortgage because he's got a job.

I bet he's sitting there now, all sad, looking at the knitting his mum put down and never touched again; drinking from her cups; cooking his dinner in her oven. It's a sad place to be - surrounded by constant reminders.

getmore4less

Matt2000 wrote: »

Thanks for your answers. He understands that he has to leave,........

why talk of eviction discuss an exit plan

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

They need to be patient


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


if they won't engage leave them out limited updates only

.....

Matt2000 wrote: »

I don't think my brother would mind where he lives and am sure he will look at private lets and HAs.

Plenty of options

Matt2000 wrote: »

He has always understood that he will need to leave the house when she died.

You need to engage an exit plan, and not talk of eviction if he will be happy to move on.

In the mean time all utilities and council tax should be paid by the occupier, although that may complicate the benefits and affordability.

Discuss a strategy to prepare for sale and looking for something new for the brother.

Having someone in occupation gives security and can make a place easier to sell.

Although you can market immediately you won't be able to complete till you have the grant and many won't exchange without it.

Matt2000

PasturesNew wrote: »

What sort of figures are we talking?

£100k divided between 4 children is a different ballgame to £900k divided by 3. The first offers fewer options than the second.

e.g. maybe there'd be enough money for him to buy a studio flat outright within 20 miles..... or maybe not even enough to rent a caravan for a week.

Also, his age - will he be needing a job? A bit of encouragement/support to do that, helping him get his hair cut, a shiny new suit and shoes etc could see him using his portion as a deposit on his own place, topped up by a mortgage because he's got a job.

I bet he's sitting there now, all sad, looking at the knitting his mum put down and never touched again; drinking from her cups; cooking his dinner in her oven. It's a sad place to be - surrounded by constant reminders.

We're talking about around £150k split between 4 siblings.


He is over 65 and is unable to work due to ill health.

PasturesNew

Matt2000 wrote: »

We're talking about around £150k split between 4 siblings.


He is over 65 and is unable to work due to ill health.

Your best bet is to explore his options for older/sheltered housing options provided by Housing Associations. While owning your own property (or part thereof) is often a limiter, for older people with health issues, along with the need for the property to be sold and him to only get a small portion of it, could see him being placed in quite a timely manner.

Don't be put off by how long they say the list might be because until his name is on it they can't really tell how he'd stack up against others.

You have to be in it to win it and all that.

jetplane

Depending on his weekly income he may well be entitled to pension credits and housing and council tax benefit even with £35k+ savings. His income could be increased higher with disability benefits. He should have 25% discount on Council Tax and can claim now as he doesn't have those savings now.

Once he realises his income and is in receipt of all benefits it should provide some reasurance and help with him moving on