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Remove granddaughter from father's house.
Shadow0255
Posts: 1 Newbie
Hello,
My father who has dementia moved in with me in December 2017 after my mother passed away. I have lasting power of attorney over health and finances for him.
When he moved into my house my niece who lives at her family house then decided to move into my father's house which was fine with me as the property would not be left vacant. She pays no tent to my father and does not pay for any utilities/bills/council tax etc apart from the phone bill and broadband which she set up. I would now like her to move out so i can refurbish the house and put it on rent which will provide an income for my father and help him pay for the care he requires.
What is the best way to go about doing this legally as I feel she will refuse to leave.
Any advice and help would be greatly appreciated.
My father who has dementia moved in with me in December 2017 after my mother passed away. I have lasting power of attorney over health and finances for him.
When he moved into my house my niece who lives at her family house then decided to move into my father's house which was fine with me as the property would not be left vacant. She pays no tent to my father and does not pay for any utilities/bills/council tax etc apart from the phone bill and broadband which she set up. I would now like her to move out so i can refurbish the house and put it on rent which will provide an income for my father and help him pay for the care he requires.
What is the best way to go about doing this legally as I feel she will refuse to leave.
Any advice and help would be greatly appreciated.
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Comments
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You would have to evict her most likely getting a county court order for repossession of the property. It isn't going to be quick, think several months.
Was she told that she would have to pay rent? If she was and keys were handed over then a tenancy exists even if it was only a verbal agreement. If that is the case you issue a Section 21 notice ending the tenancy. If she still doesn't leave then you go to the county court and get an eviction order. If she still doesn't leave then its back to the county court for a warrant of execution at which point you can then get bailiffs in to remove her.This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com0 -
If your father left with no intention to return then council tax liability falls on to the resident to pay.When he moved into my house my niece who lives at her family house then decided to move into my father's house which was fine with me as the property would not be left vacant. She pays no tent to my father and does not pay for any utilities/bills/council tax etc apart from the phone bill and broadband which she set up.I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.0 -
First of all, as attourney (POA) for your father you have a legal duty to act in i=his interests, and manage his fiances properly.
Allowing his property to remain empty, and thus gradually deteriorate as well as eating into his fiances (insurance etc) would have been irresponsible long term.
As would allowing someone else (family member or not) to move in and contribute nothing. At worst you risk prosecution, at best you are morally culpable for not looking after your father's assets responsibly.
Now:
As for the niece, ask her to leave. Sorry - no, tell her to leave. Give her a deadline, say one week.
I assume you have a key? If so, and if she fails to leave, go in, buy new locks for all external doors from B&Q (other DIY stores are available) or a locksmith in the high street (take the old lock in to match against). Ideally do this when she is out, then pack up her stuff and arrange for her to collect it.
If no key, take your fathr's Title deeds plus your POA to a locksmith and ask him to break the lock to give you access (and then change the locks.)
The above options are, of course, the ultimate ones. Far better to reach a friendly understanding with the niece and have her leave peacefully and on good relations. but you intimated you think she won't.
For the avoidance of doubt, the neice is not a tenant, so has no legal protection. She is a licencee (you gave her permission - a licence - to use the property) and you can withdraw that licence at any time either verbally or in writing.0 -
Explain to your niece that your father's property must now pay for the care he needs as his dementia progresses.
She will need to move out so that it can be renovated for letting on a commercial basis.
It would be fair to give her some notice - say a couple of weeks?
If she hasn't moved out at the end of that time, you'll have to go the GM route....0 -
Or ask her to pay around market rent?0
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On the face of it, it sounds as though your niece is probably a bare licensee, in which case she is not a tenant and doesn't have any rights., so you should simply be able to tell her to leave.
However, if you think that she will be difficult, do get proper legal advice to make sure that you do everything correctly, but I think that GM is correct, and that you can simply change the locks if she won't leave voluntarily.All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)0 -
Will the rental income be anywhere near enough to pay for your father's care?0
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