Evicting a family member with no tenancy?

AdrianC

Whether the tenant is a family member or not, you still need to obey all the laws surrounding your residential lettings business - and that includes annual gas safety certificates. Since you haven't, any s21 notice will be void.

I can't see many buyers being interested with an obstreperous sitting tenant with no formal tenancy, and with a history of breached landlord responsibilities bringing any future s21 into question.

It'd certainly hit the sale price hard.

It's probably quicker, easier and cheaper to just bung the idiot brother a couple of grand to go and make somebody else's life a misery. The fact he's had it easy with below-market-value rent doesn't give him any right to cause you problems, so any future deterioration in the relationship between you is entirely of his making, not yours. You've been doing him a huge favour until now.

(BTW, I hope you don't have a mortgage on this property... Because I doubt they'd be happy with a close family member tenant, and they'd certainly have wanted to see the tenancy as part of the consent to let...)

theartfullodger

VT1983 wrote: »

Hello everybody!

Desperate for any advice..

My brother has been living in my house and paying rent for the last ten years without any official tenancy agreement. The situation is I’m pregnant and now need to sell the property. He is now refusing access for the estate agents to show prospective buyers around the property. My understanding is I can issue a section 21 to start the eviction process, however, I have never issued him a gas safety or energy certificate (didn’t know I needed to - my fault entirely). What options do I have to evict?

Thanks in advance for any help!

So there is a verbal tenancy, entirely legal in England.



Anything else you've not bothered to put on paper? Permission to let place out from lender, rent (all) declared to HMRC... ??

V likely with so little paperwork any s21 will be invalid. Tenant may be viewing.

Congrats on impending baby.

steampowered

Perhaps it might be best to serve a formal s21 notice, with a nice covering letter explaining that you need the property back.

That might make him reflect and realise that he has to go.

babyblade41

I'm a little concerned more about housing benefit.. isn't that a contrived tenancy, below market rent, no TA or all the other LL requirements .
I think you'd be better financially assisting brother PDQ to leave

Mojisola

VT1983 wrote: »

The trouble is, he has always paid below market rate while staying at my property (and receives housing benefit)

How did he manage to get HB?

Exodi

The legal route will be difficult and expensive (for the reasons above regarding you failing to fulfil your obligations as landlord). The lack of a written contract is irrelevant as you've been accepting rent.

I would personally avoid legal action. As AdrianC said, bung him a couple of grand (it would cost you far more than that by trying to evict him - it's also an extremely long process, especially as it sounds like your house is already on the market).

The more 'shady' option is relying on him not to take legal action. Give him a reasonable time frame to move out, and if not, go round whilst he's out and change the locks. Probably not the most ethical or legally sound advice out there but it may be easier to just fight fire with fire.

babyblade41

After reading all the above I'd remove the house from the market , if you get an offer there is no way you can proceed with vacant possession.

If a landlord buys it and will note the rental income ,again that will ring alarm. bells and as soon as possible will want to raise the rent as soon as.

If he is on HB (I'm not sure totally how they calculate it) it will come up that he is renting from his sister on a contrived tenancy and all sorts of cans will be opened and none in your favour

I would meet him and try and find a way forward before trying to sell, your best, and as I see it only option is to help out financially to get him re-housed .

That is going to cost but far better than what is happening here and all the implications surrounding.
Every rule of being a LL has been broken here and pleading ignorance isn't a defence .

It could end up costing you a lot more in the long run

SpiderLegs

The first thing you should do is issue a s.13 to raise the rent to market rates.

VT1983

Yes ALL of the rent has been correctly declared to HMRC. I don’t know how he is in receipt of housing benefit, but he’s told me he is...

hazyjo

Another vote for paying him off. Remember he's unlikely to accept the first offer, so give yourself some wiggle (wriggle? even google/dictionaries ain't sure lol!) room.