How to get my brother to move out

heuchera

The relationship with the girlfriend is still in its very early stages, and I would think moving in with her wouldn't be a good option for many reasons. He's officially living with the OP, but is not there much. This is a very common occurrence, by the way, -someone can be officially living at home with their parents for example, but rarely actually be there.

The question is, what is it that the OP wants him to do? Do they want him to move out and find another place of his own, or is it ok for him to "live" there for the time being.

Are they trying to prompt him to move out in the hope that the relationship with the single mum (who the OP doesn't approve of, reading between the lines) will come to an end?

The issue with owing the dad £5000 is in fact a bit of a side-issue. It's really between the brother and the dad.

FBaby

No, he is SLEEPING there now

I think you forgot to read that part:

For 4 months he basically hasn't been living with us but has been living at his girlfriends and popping home when he needs clothes etc.

heuchera

FBaby a similar thing occurred with my cousin - he moved in with his new girlfriend, but was officially still living at home with his mum. No benefits involved as far as I know (he works), but he was hardly ever at his mum's house he was always sleeping over at hers.

Sleeping somewhere and officially living somewhere are 2 different things.

Guest101

FBaby wrote: »

I think you forgot to read that part:

No I didn't.


It doesn't matter where he is physically.


To iterate this point:


Let's say he's a dead ringer for <insert name of attractive celebrity> he goes out every night and gets lucky. He sleeps in a different flat every night. - Where does he live?


Or another example: Some people choose to lodge Monday - Friday for work purposes but spend the weekends at home. They reside at the home address, however spend majority of their days at the work locality address.


The point is, him sleeping at a location does not mean he resides there in any legal basis.


To explore this further:


When looking at where someone resides, there is a list of criteria such as where is his or her registered address for the DVLA, Voting, Bank, Work etc. Where is rent paid. Where his belongings are (and that is beyond toothbrush and clothes). Where is he registered for council tax.


There is no defined time limit on staying over at another persons house. Where he sleeps is one criteria (of many) to determine where he lives.


Living with someone for benefit purposes is defined as living as one household, (which is why I said the bills payments might make this debateable), which I would argue is not the case here when compared to the list of criteria.

missbiggles1

heuchera wrote: »

FBaby a similar thing occurred with my cousin - he moved in with his new girlfriend, but was officially still living at home with his mum. No benefits involved as far as I know (he works), but he was hardly ever at his mum's house he was always sleeping over at hers.

Sleeping somewhere and officially living somewhere are 2 different things.

Not as far as the DWP are concerned they're not!

Guest101

missbiggles1 wrote: »

Not as far as the DWP are concerned they're not!

Oh the DWP have updated their policy, can you share a link please? Or is this an opinion you have without any basis?

FBaby

The point is, him sleeping at a location does not mean he resides there in any legal basis.

But he is not just sleeping there, he is living there. He has no reason to keep stuff at OPs, he is never staying there.

In your first example, the guy is somewhere different every night, so clearly is not living at any of these places.

In your second example, the person does come home every week-end to be with his partner/wife, again that's totally different.

What it comes down to is whether he is keeping limited stuff at OP and using it as a address for the sole purpose of ensuring his girlfriend can continue to claim as a single parent, hence maximising income. The fact that he pays towards the bills at hers when he doesn't at OP (which you claim is his main residence) would lead to agreeing that he treats his girlfriend's home as his main residence.

pinkshoes

TALK to him.

1.Tell him his 6 months are up and you would like your house back now, so could he please collect the rest of his stuff in the next week.

2. Then change the locks!

3. Inform council where he is now living.

He is taking the p*ss and using you, and will continue to do so unless you put your foot down!

fairy_lights

Since April? So the 6 months has turned in to almost 9 months.
I'd tell him he's had long enough to sort himself out and needs to leave by the end of the month.
You've already done a lot for him and his money problems are not your responsibility. Can't move in with his girlfriend? Tough! that's not your problem!


How old is he by the way?

Guest101

FBaby wrote: »

But he is not just sleeping there, he is living there. - to be technical he's spending time there, he's also spending time at the shops, at work, and at his home. The times just vary. He has no reason to keep stuff at OPs, he is never staying there. - He doesn't have to?

In your first example, the guy is somewhere different every night, so clearly is not living at any of these places. - But the point is, he's not at 'home', but it is still legally defined as his home.

In your second example, the person does come home every week-end to be with his partner/wife, again that's totally different. - You assumed there's a partner / wife, which is interesting. But not it's not totally different. The principle is the same.

What it comes down to is whether he is keeping limited stuff at OP and using it as a address for the sole purpose - but it's not the 'sole purpose', which isn't the legal test in any case, it's a back up should his relationship not work out, it's a place to keep his things as he isn't ready to become a full time step dad (even if he is acting like that temporarily) etc etc. - None of which I believe, but all of which are plausible of ensuring his girlfriend can continue to claim as a single parent, hence maximising income. - I'm not saying you're wrong. In fact I'd bet good money that's the exact reason why. However that's not the legal test for defining where he 'lives'. or to be more specific, if they live as one household. The fact that he pays towards the bills at hers - yes, I did caveat this, twice. It's 3rd party information and there isn't enough of it to make a judgment call. He's entitled to lend her money, but this did cross my mind. not paying bills at his home, well in some cases bills are included in the rent. when he doesn't at OP (which you claim is his main residence) would lead to agreeing that he treats his girlfriend's home as his main residence.

2 Criteria (out of 10-12) isn't sufficient in my mind to make that judgment.


Yes I believe you're correct, but that's not going to be sufficient to start sanctioning benefits etc.