Evicting my adult son from my home (social housing)

Shaky_Jake

Hello everyone,

I'm disabled and in receipt of Disability Living Allowance, and my 28 year-old son lives with me in my rented Housing Association property. He essentially takes care of my affairs, and lives on the upper floor of the house while I live on the ground floor. It has never been the easiest of arrangements - he is extremely untidy and unwilling to clean up after himself and it wouldn't be a lie to say that the upper floor of the house is absolutely squalid. I have had to suffer this however as he is essentially my sole carer. My DLA is about to end and ATOS are making applying for Personal Independence Payment extremely difficult for me (which is another story that I'm seeking legal advice on elsewhere).

Long story cut short: My son is in full-time employment and as an Non-dependent Adult he will become liable to pay the rent at the end of May, which he is absolutely refusing to do. This will leave me to pay the weekly rent of £90 and weekly council tax of £15 from my remaining benefit (ESA Support Group) of £125 per week. He meanwhile maintains a decent lifestyle, apparently with adequate disposable income although, it has recently transpired, he owes money to many creditors. On top of all this, a review of my finances reveals that he has to all intents and purposes stolen £8000 pounds from me over the last few years to secretly fund his debts.

Put plainly - if he no longer lived here, housing benefit would be reinstated and I would be able to pay other bills and buy food from my ESA benefit, but I would lose my 'carer'. I am preparing to confront him over these matters, but having weighed up my options, I have decided that no matter how difficult his absence will make things for me, if he remains unwilling to contribute financially he now has to leave my home.

I am too physically compromised to remove him myself, so what are my legal options? The tenancy is solely in my name so can I request that the Housing Association evict him without harming my own tenancy? Can I just pack up his things and lock him out of the house? I suppose I don't really have any chance of recovering the money he has stolen, as to all intents I was foolish enough to allow him free access to it in the first place.

Thanks in advance for any responses.

[Deleted User]

Shaky_Jake wrote: »

Hello everyone,

I'm disabled and in receipt of Disability Living Allowance, and my 28 year-old son lives with me in my rented Housing Association property. He essentially takes care of my affairs, and lives on the upper floor of the house while I live on the ground floor. It has never been the easiest of arrangements - he is extremely untidy and unwilling to clean up after himself and it wouldn't be a lie to say that the upper floor of the house is absolutely squalid. I have had to suffer this however as he is essentially my sole carer. My DLA is about to end and ATOS are making applying for Personal Independence Payment extremely difficult for me (which is another story that I'm seeking legal advice on elsewhere).

Long story cut short: My son is in full-time employment and as an Non-dependent Adult he will become liable to pay the rent at the end of May, which he is absolutely refusing to do. This will leave me to pay the weekly rent of £90 and weekly council tax of £15 from my remaining benefit (ESA Support Group) of £125 per week. He meanwhile maintains a decent lifestyle, apparently with adequate disposable income although, it has recently transpired, he owes money to many creditors. On top of all this, a review of my finances reveals that he has to all intents and purposes stolen £8000 pounds from me over the last few years to secretly fund his debts.

Put plainly - if he no longer lived here, housing benefit would be reinstated and I would be able to pay other bills and buy food from my ESA benefit, but I would lose my 'carer'. I am preparing to confront him over these matters, but having weighed up my options, I have decided that no matter how difficult his absence will make things for me, if he remains unwilling to contribute financially he now has to leave my home.

I am too physically compromised to remove him myself, so what are my legal options? The tenancy is solely in my name so can I request that the Housing Association evict him without harming my own tenancy? Can I just pack up his things and lock him out of the house? I suppose I don't really have any chance of recovering the money he has stolen, as to all intents I was foolish enough to allow him free access to it in the first place.

Thanks in advance for any responses.

Put his stuff in the garden and change the locks. He's not a Tennant and you can just tell him to leave.

System

As above. He has no right to live there if you withdraw it. If he refuses to leave I'm sure the local Constabulary can be called upon to have a word with him. Depending on how much your relationship has broken down you could even use the threat of reporting him to the police for the theft of the money as a threat - I'd certainly be making sure he knew that you had figured out that he had taken it.

I have a similar situation going on with my mother in law in her 70s and her almost 50 year old son, albeit without the disability and the squalor but an adult who is earning good money and thinks that paying the gas and electric is paying his way when his mother on pension credit is paying for everything else and still doing his cooking and washing as if he were a kid.

Mojisola

Shaky_Jake wrote: »

I'm disabled and in receipt of Disability Living Allowance, and my 28 year-old son lives with me in my rented Housing Association property.

he is essentially my sole carer.

Do you have a social worker? If so, ask for a needs assessment.

If not, contact the council and ask for a visit from a SW.

kazwookie

OP make sure you change any passwords or pin numbers your son may have of yours NOW.

theartfullodger

Is son named on the tenancy agreement and/or has he ever paid any rent to the landlord, please?


Sorry to read your story. Hope you are in touch with CaB over PiP etc etc

ka7e

Adult Social Services would class you as a "vulnerable adult" and your son is guilty of "financial abuse". Without your son living with you, you may find moving to assisted/sheltered accommodation would suit your needs (and free up a family home) - my council has a range of bungalows and ground floor flats they prioritise for the disabled. They are not necessarily for the elderly and rehoused a neighbour in her 50s.

Shaky_Jake

theartfullodger wrote: »

Is son named on the tenancy agreement and/or has he ever paid any rent to the landlord, please?
Sorry to read your story. Hope you are in touch with CaB over PiP etc etc

He has never been named on the tenancy and has never paid rent.

Thanks for your responses, they've been very helpful (and I'll certainly look into getting some help from the council). Moving house would be too difficult for me financially at the moment but it's something to consider.

Regarding the DLA to PIP transfer, I'm consulting various people and getting my MP involved, so fingers crossed.

PasturesNew

Apply to be re-housed, suitable for your needs.... he's not a tenant, you are.

He'll be very surprised when he comes home and you've moved. Not your problem, Council's problem.

TheGardener

Sorry to hear things are so difficult for you. Do you want to stay in the house you are in?
I think you need to enlist as much outside help as possible.
1. Have you spoken to your Housing Officer? They should be able to help get him to leave.
2. Also, speak to Social Services about your vulnerability - you don't say if you are scared your son will become disruptive if he is forced to move out?
3. If so you need to also speak to the domestic abuse officer at the Police - not all Domestic abuse is violent - is sounds like you would fit their criteria.
If you don't mind moving, tell the HA you need rehousing to a suitable 1 bed property.
What about other family - would they have any chance of persuading your son to make his own way in the world?