Eviction options

121459

My step father has under the terms of my mother’s will been allowed to reside in the house on the condition that it is maintained and insured. He has caused significant damage to the house and land. Would that be enough to commence eviction proceedings?

GDB2222

I expect that legal action will result in an order for him to maintain the building, which would of course be a good thing, but probably not the outcome you desire.

 Obviously, a solicitor can advise you, once suitably appraised of the facts. However, litigation is a very expensive way to resolve this problem, so I assume that you have made strenuous efforts to find a solution with step father? 

Also,  this may not  be a simple eviction in the county court. As it’s a dispute over a will, it may be in the Chancery court, which ratchets the cost up a lot!

princeofpounds

I presume a trust was created by the estate/executor. Who is the trustee, you? What status was awarded to the occupant by that trust? I presume a life tenancy, but that's not necessarily the case. 

As GDB suggests, the courts take depriving someone of a home very seriously. That's even more the case when someone (presumably) has a life interest in the property. But they do have responsibility to maintain and insure.

A court action could result in an order to maintain, as GDB suggests. I also believe it is possible that the Trust can claim for damages. Eviction would be less likely unless the occupant has intentionally caused repeated or exceptionally severe damage.

You will need to speak to a solicitor to do this. The process you would go through is not the same as regaining possession for a normal assured shorthold tenancy, as that isn't likely to be the form of tenancy/license that was awarded. Plus there would probably be arguments related to the trust itself. 

macman

So, has he insured the property? 

greatcrested

You need proper legal advice from a solicitor experienced in both property law and probate law.