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we are selling my mother's house but my brother who has been 'sofa surfing' rent free won't leave
in House buying, renting & selling
21 replies 4.1K views
We will be selling my mother's house in order to pay for her residential care (We have power of attorney) but my brother who has been living there for the last few months refuses to leave. He has not paid a penny towards the upkeep of the house, or anything towars the high costs of utilities, and originally said he would be only staying for a few weeks 'until he gets his head together'. There is no written agreement. We have tried reasoning with him but he refuses to budge, and our concern is he will deliberately put off any potential buyers. Can we still sell the house with him there, and what are our legal obligations , if any, towards him?
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It’s a shame that your brother is being difficult, and you do need to end his license before marketing the property.
You can always have him come to stay with you, of course.
I really wouldn't get him to pay rent (or any other form of upkeep, although utilities would be OK). You don't want to turn a licensee into a tenant. It is also almost certainly not in your mother's best interest to start a residential lettings business at her stage in life.
However, he could certainly refuse to allow the sale to proceed.
This assumes that all the parties to the POA need to agree to any sale, which would normally be the default requirement.