Evicting distant relation after probate

nic_c

This thread was started without the full facts. Since these have come to light, this thread is surplus to needs. There is also lots of assumptions and speculation by some posters.

Pixie5740

She sounds like an excluded occupier meaning she has very few rights. You just need to give reasonable notice (it doesn't even have to be in writing) and you don't need a court order to get her out either.

nic_c

Thanks, just looked that up on Shelter, it does seem appropriate.

silvercar

If she was a dependent of the deceased and didn't inherit, she could claim that she should be entitled to inherit something.

elsien

If she's got her own house though, wouldn't she have a bit of a game claiming to be dependent?

nic_c

Not a dependent, only a relation through marriage.

xylophone

Clearly the occupier is mistaken in claiming that the house is hers.

How is the house now registered at the Land Registry?

Would it be worth seeing a solicitor and asking him to write a formal letter to the occupier giving full details of ownership and a month's notice to quit?

theartfullodger

You would be advised to use an expert in Landlord/tenant law on this (the stakes are high). As she has lived there a couple of years she can claim to have done things (eg repairs...) which constitue "moneysworth" which counts as rent.

For what it's worth I would serve s8, s21 & an NTQ, and act on all three & expect an argument in court. Or ask her how much she wants to just go (do it so it can't be seen as harassment, & in front of a witness). May be cheaper & quicker.

What does the occupant say about the terms the department agreed with her?? (That's the key..)

nic_c

xylophone wrote: »

Clearly the occupier is mistaken in claiming that the house is hers.

How is the house now registered at the Land Registry?

The 2 children of the deceased named as proprietors

xylophone wrote: »

Would it be worth seeing a solicitor and asking him to write a formal letter to the occupier giving full details of ownership and a month's notice to quit?

Yes, just wanted to know what we could do.

nic_c

I've now seen all the documents. The Will says she can live there until she moves, then the absolute title passes to the grandson. The Land Registry says disposition of the property cannot be done without written notice of the disposition been given to her. Doesn't say anything about her having to agree with the disposition. So wondering if selling would be an option if all else fails?

The grandson now lives there, after a relationship breakdown a year ago, but has been given restrictions on what he does (even though it will be his house). What brought this to a head is he was told, wasn't it about time he found his own place and move out!

silvercar

Sounds like she has the right to live there. So she may not be able to prevent the grandson moving in, but you can't force her out.

Selling with her having the right to stay there won't be an option.