Removing a Permitted Occupier After a Death

LostJedi

Hello all,

Five years ago, my uncle was left his partner over financial disagreements.  He took refuge with mother to get back on his feet; this was 5+  years ago.
He has never paid rent or paid towards any bills in his time with my mother, it was a bone of contention for her but she categorically asked me not to get involved, even paying to cover both of them from her savings while in hospital.

Following 11 months of cancer, half of which she spent in hospital, in July, my mother passed away.  My uncle refuses to have a conversation about the circumstances, flatly refused to pay or help with funeral and any issues following her death.  When asked about money, he becomes aggressive and vile.

There is and has never been any tenancy agreement, he was only there under the invitation of my mother but some 10 weeks on, refuses to move.  He is not trying to blackmail my family for fee to 'consider' moving out 'on a day of his choosing'.  He has land with 2 cottages with paying tenants and 10s of thousands in the bank plus pension.

A letter giving him notice has been issued and we are about to initiate legal action.  The property is left to my brother & I and is going through Probate and has sold.

With not name on any deeds, the property is ours under the act of the Will and no tenancy agreement.   What can we do at the moment?

Can we change the locks?
Does a civil matter become a Police matter?

LostJedi

I can't edit a very important typo:

"He is now trying to blackmail my family for fee to 'consider' moving out 'on a day of his choosing'. "

microcristallina

You'd have to go through the courts and evict him. He doesn't sound like he'll leave until the bailiffs throw him out. This is going to take months. So I'd make him a reasonable offer even though he sounds like a scumbag.

Bendy_House

LJ, if you hover your mouse in the top-right hand corner of your first post, under and near the end of the blue banner, you should see 'edit' pop up. Click on that, and you can change the quite significant meaning of your post!

km1500

I think you should get some quick legal advice but for me the house was your mother's and is now yours and therefore he is illegally there and you could report him to the police for the criminal offence of squatting or trespass or whatever

it is exactly the same as if your mother had asked him to leave and he refused

Alderbank

LJ, sorry for your loss.

Your mother's adult brother has no right to occupy your house. Words matter here, you must avoid any mention of rent and even of calling him a permitted occupier as that term normally implies a rented property. You don't want to do anything to create a tenancy.

This issue is not uncommon and has arisen before on these boards. In one of those threads one poster expressed the solution quite bluntly
'Get the lazy shyster out as soon as possible and into the "real" world'.

You say the property is now sold. Presumably that is with vacant possession. It is absolutely the vendors' responsibility (you and your brother) to get your uncle and all his stuff out before completion date, otherwise the new owner will sue you until he is gone.

LostJedi

Alderbank said:

LJ, sorry for your loss.

Your mother's adult brother has no right to occupy your house. Words matter here, you must avoid any mention of rent and even of calling him a permitted occupier as that term normally implies a rented property. You don't want to do anything to create a tenancy.

This issue is not uncommon and has arisen before on these boards. In one of those threads one poster expressed the solution quite bluntly
'Get the lazy shyster out as soon as possible and into the "real" world'.

You say the property is now sold. Presumably that is with vacant possession. It is absolutely the vendors' responsibility (you and your brother) to get your uncle and all his stuff out before completion date, otherwise the new owner will sue you until he is gone.

Thank you.

The term was used by one solicitor, another solicitor termed it that his 'permission'/ bare licence ended with the passing of my mother.  He does not have mine or my brothers permission.

We are indeed trying to get the shyster out, any which way.

sandy700

Bendy_House said:

LJ, if you hover your mouse in the top-right hand corner of your first post, under and near the end of the blue banner, you should see 'edit' pop up. Click on that, and you can change the quite significant meaning of your post!

That only appears after you have made a few posts, 3 is not enough

FreeBear

Alderbank said: Your mother's adult brother has no right to occupy your house. Words matter here, you must avoid any mention of rent and even of calling him a permitted occupier as that term normally implies a rented property. You don't want to do anything to create a tenancy.

The correct term is "Excluded Occupier" I believe - This infers minimal rights on the "lodger", and all that is required is "reasonable notice". Depending on circumstances, this could be as little as 24 hours, or as much as four weeks. Once the notice has expired, changing the locks is perfectly legal. But... You might want to take proper qualified legal advice before going down that route.

Alderbank

FreeBear said:

Alderbank said: Your mother's adult brother has no right to occupy your house. Words matter here, you must avoid any mention of rent and even of calling him a permitted occupier as that term normally implies a rented property. You don't want to do anything to create a tenancy.

The correct term is "Excluded Occupier" I believe - This infers minimal rights on the "lodger", and all that is required is "reasonable notice". Depending on circumstances, this could be as little as 24 hours, or as much as four weeks. Once the notice has expired, changing the locks is perfectly legal. But... You might want to take proper qualified legal advice before going down that route.

Thanks for that, FreeBear. Uncle was 'permitted' by mum while she was alive but he is now 'excluded' by the new owners who inherited it.

OP, is the house in Scotland? He would have more rights up here.

GDB2222

As he was, arguably, dependant on mother, he might be able to make a claim that the will did not make adequate provision for him. He has six months from probate to do this, iirc.