Evicting a family member with no tenancy?

lookstraightahead

Perhaps have a chat because it sounds like he could be in trouble if he doesn't cooperate a little.

M_Python

theartfullodger wrote: »

Ask council for copy of evidence he provided for tenancy. Might prove useful.

I agree. It could be that he's been committing housing benefit fraud!

eddddy

theartfullodger wrote: »

Ask council for copy of evidence he provided for tenancy. Might prove useful.

I think that an LL asking for details of the AST submitted by their tenant would almost certainly raise the council's suspicions - and perhaps trigger a fraud investigation.


If the OP's actions gets the brother investigated for HB fraud, the brother might decide to report the OP for LL irregularities in return.

Pragmatically, it might be better just to use that as leverage in negotiating with the brother.

zagubov

If he's potentially trying to block you from selling the house, when you did him a great favour and now need to withdraw it, is he still behaving like a brother?

Sometimes people get taken over by something like an addiction, a mental health problem, or a financial problem, which mean they can't behave in a normal way.

It might be best to realise that he's not capable of acting in a brotherly way any more.

You've done your best by him until now. It's anybody's guess if he'll be able to restore his relationship with you.

Is the rest of your extended family totally clear about what is happening?

Maybe the best way to move him on is to add to his subsidised rent by giving him a bung to move on, but seriously, are you optimistic that will repair the relationship?

Unless you can find a family member to mediate, I think you already may need to face problems with your future relationship with your brother.

robatwork

You've both been silly, and probably the wrong side of the law.

However your best way out of this isn't through action, but family. Do you have living parents?

VT1983

So a quick update. No progress has been made. I’ve asked him twice (in writing) for access for a GSC and EPC and he is refusing access.

As I understand it, any S21 will therefore be invalid, is this the case even if the tenant refuses access?

VT1983

We do have living parents, but I think it will come as no surprise to any of you that he isn’t in contact with them (and I wouldn’t expect them to get involved even if they were).

AnotherJoe

You need to see a lawyer. And just spend whatever it takes. It can't possibly be a loophole that refusing access for these blocks evictions or everyone would do it.

HampshireH

You have to give notice.

Is he refusing to open the door or texting and saying no?

Ideally you would send 3 letters.

1 explaining the gas check is required and giving an appt. Explain no cost to tenant.

2 send no access letter explain importance and the point of it and ask them to contact you to rebook appt.

3 if no response
Stress importance and that you will begin legal proveedings to grant an injunction for access.

You have a legal obligation so you need to seek legal advice & be prepared to go to court for access to the property.

Keep copies of every document as part of your case.

Regardless of the fact you haven't complied with the law. That is no excuse not to rectify that now. Regardless of the possible consequences.

Do you maintain the rest of the home by arranging repairs or does he always sort stuff?

HampshireH

*apologies for double post. Page crashed and resent.