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Possession Order

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  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 11 December 2022 at 11:58AM
    If probate has only just been granted then it could be many months before any distribution of the estate can take place. We have no idea, it would depend on the complexity of the estate, anything from 2 months to a year or more.
    Perhaps it is time that you mended bridges with your brother and actually had a conversation with him?
    LL bangs on the window again? Call the police, Harassment is a criminal offence.
    But you need to face the reality that you are going to be evicted long before any inheritance shows up.
    No free lunch, and no free laptop ;)
  • Protection from Eviction Act 1977 

    1Unlawful eviction and harassment of occupier.
    (1)In this section “residential occupier”, in relation to any premises, means a person occupying the premises as a residence, whether under a contract or by virtue of any enactment or rule of law giving him the right to remain in occupation or restricting the right of any other person to recover possession of the premises.
    (2)If any person unlawfully deprives the residential occupier of any premises of his occupation of the premises or any part thereof, or attempts to do so, he shall be guilty of an offence unless he proves that he believed, and had reasonable cause to believe, that the residential occupier had ceased to reside in the premises.
    (3)If any person with intent to cause the residential occupier of any premises—
    (a)to give up the occupation of the premises or any part thereof; or
    (b)to refrain from exercising any right or pursuing any remedy in respect of the premises or part thereof;
    does acts calculated to interfere with the peace or comfort of the residential occupier or members of his household, or persistently withdraws or withholds services reasonably required for the occupation of the premises as a residence, he shall be guilty of an offence.
    [F1(3A)Subject to subsection (3B) below, the landlord of a residential occupier or an agent of the landlord shall be guilty of an offence if—
    (a)he does acts likely to interfere with the peace or comfort of the residential occupier or members of his household, or
    (b)he persistently withdraws or withholds services reasonably required for the occupation of the premises in question as a residence,
    and (in either case) he knows, or has reasonable cause to believe, that that conduct is likely to cause the residential occupier to give up the occupation of the whole or part of the premises or to refrain from exercising any right or pursuing any remedy in respect of the whole or part of the premises.


  • Contact the council to see if they have a tenancy relations officer who can contact the landlord and make them aware of their legal responsibilities. They may also be able to advise/assist in other areas i.e housing element of universal credit or assistance with deposit for alternative accommodation, etc.
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