Need to evict brother

Matt2000

getmore4less wrote: »

Plenty of options



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

QUOTE]


The only reason we are talking about eviction is because that is what the council said he needed to do. From what has been said above, I can see that the council might well be wrong.

xylophone

Some information about pension credit

http://www.ageuk.org.uk/Documents/EN-GB/Factsheets/FS48_Pension_Credit_fcs.pdf?dtrk=true

getmore4less

Matt2000 wrote: »

The only reason we are talking about eviction is because that is what the council said he needed to do. From what has been said above, I can see that the council might well be wrong.

I would back off from this strategy.

use the time to secure/prepare the house for sale

review all the housing options for the brother.

If unable to find anything and need council homeless housing then that may be an option BUT I think any legal advice the brother got (and potentially a clued up council employee) may suggest a dependency claim and you may not want to be forced down that route when there is a much more amicable resolution.


You need to look at how successful this might be 6 years may well be long enough. The law was changed recently to make claims easier for some class of dependants.

starting point is
Inheritance (Provision for Family and Dependants) Act 1975

Landofwood

You can't "evict" him like a "tenant". You are not his "landlord".

lonestar1

could be argued he was a lodger rather than a tennant in which case very few rights

matttye

lonestar1 wrote: »

could be argued he was a lodger rather than a tennant in which case very few rights

He part owns the house...or will do once probate has been sorted.

DandelionPatrol

In this case, assuming he is genuinely willing to move on, I I would be thinking of going in the face of conventional wisdom and make him a tenant of the Estate of his late Mother and give him a 6 month AST.

He could then be served a S21 notice for the end of the 6 months and repo could be pursued if necessary to satisfy the local authority. Allowing several months for getting probate and 6 months for the AST, then we are looking at about a year, which will give everyone time and space. It also means that at the time of evicted the brother, he will not have the capital of the property.

PasturesNew

Matt2000 wrote: »

From what has been said above, I can see that the council might well be wrong.

Yes. Eviction is the starting point for them listening. They they look you up and down, check in your pockets ..... and a single person, with cash in their pockets, he'd be shown how the door works most likely.

You are (all) in a position to work together for a great outcome to this - and any outcome you can produce with your own efforts will be greater than what the Council could/maybe/potentially do at the point of eviction.

Your own steam always provides a better result than relying on their hot air.

[Deleted User]

You could contact Shelter to check your position. Remember you are only hearing third hand what housing said.., there could be a misunderstanding or the council could just be doing their usual 'gatekeeping'.

He certainly does not have to 'fight' eviction to get housing. He does have to be evicted. However, once he ticks the box which asks if he part owns another house.., I suspect Housing won't be too interested in helping him. Going to Housing can be quite soul destroying so could exacerbate any concerns he has.

Personally I think your best bet is to see if you can use some of the estate to help him with rent in advance and deposit. Take him to see a nice property so he can actually see his future is better than he thinks. He may be quite concerned about the future right now. And yes, make sure he's getting all the income he should be.., if he's been living virtually rent free, he probably didn't need to look into this before so it might be a bit overwhelming.

DandelionPatrol

deannatrois wrote: »

You could contact Shelter to check your position. Remember you are only hearing third hand what housing said.., there could be a misunderstanding or the council could just be doing their usual 'gatekeeping'.

He certainly does not have to 'fight' eviction to get housing. He does have to be evicted. However, once he ticks the box which asks if he part owns another house.., I suspect Housing won't be too interested in helping him. Going to Housing can be quite soul destroying so could exacerbate any concerns he has.

Until the estate is distributed, he does NOT part own any of the house ...