Grieving cousin thrown out of home.

Section62

SiliconChip said:

pinkshoes said:

I would inform the local police of what has happened, and ask the police to assist your cousin getting back into the house.

Pleass don't waste everybody's time doing this. No Police service in the country has the resources, time or inclination to get involved in something like this when there is no breach of the peace taking place, and they certainly won't offer any assistance in returning to the property. The best that will happen is that they'll say it's a civil dispute, which it is. As suggested, legal advice is the best route to take at this point.

If the cousin has been unlawfully removed from their home then it would be worth at least asking the local police for advice/support.  To some extent that is what they are there for, and it is wrong to discourage people from contacting the police where it is possible there is/has been unlawful activity, purely because someone feels it would "waste everybody's time doing this".

I would tend to support doing what pinkshoes suggests specifically because the nephew is a former police officer.  If, as has been alluded to, the police response is to look after one of their own, then the fact the cousin has attempted to seek help from the police and been failed by them may be of help if the legal advice they eventually get confirms that the nephew's actions were unlawful.

That's not to say the cousin has any claim to the property, nor that the nephew has definitely done anything unlawful.  But in the situation the cousin finds themselves in the making contact with the police has no downside.  (Anyone who wants to suggest prosecution for wasting police time might be an outcome should reflect on whether that is really a likely prospect for a recently bereaved 71-year old phoning the non-emergency number and asking whether any help can be given)

LHW99

If he has been paying the house insurance, its worth checking if the policy includes a legal helpline, which may be a first (free) contact for advice, if he doesn't have knowledge of a local solicitor.

I hope things can be sorted out for him.

elsien

No one is suggesting that any prosecution for wasting police time is going to happen. . The more likely scenario is that the police will simply say it’s a civil matter, because that is the standard police response for housing disputes.

GDB2222

He may well have a claim under the inheritance provision for family and dependants act. I strongly suggest that he sees a solicitor within the next day or two.

The nephew is bailee for the cousin’s goods, and he is liable to pay for their replacement if he disposes of them after such a short time.

This is all nonsense on the nephew’s part, as he can’t sell the house without probate. 

thegreenone

GDB2222 said:

He may well have a claim under the inheritance provision for family and dependants act. I strongly suggest that he sees a solicitor within the next day or two.

The nephew is bailee for the cousin’s goods, and he is liable to pay for their replacement if he disposes of them after such a short time.

This is all nonsense on the nephew’s part, as he can’t sell the house without probate. 

Agree.  Until Probate is granted, the Nephew cannot do anything other than clear the house.    He lives hundreds of miles away and has kicked out his ideal house-sitter/house-clearer.  Greedy Idiot.  Perhaps Cousin's solicitor could put this to Nephew that Cousin could live there, pay CT and clear (as hard as this will be), allow viewings, surveyors etc and when the house sale has reached Exchange of Contracts, Cousin will leave.  There has to be fixed dates/times and plans.

penners324

Of course you should involve the local police. He's been evicted illegally. The nephew should be arrested for this.

Malthusian

Section62 said:

(Anyone who wants to suggest prosecution for wasting police time might be an outcome should reflect on whether that is really a likely prospect for a recently bereaved 71-year old phoning the non-emergency number and asking whether any help can be given)

I agree that's not going to happen.

The recently bereaved 71-year-old does however need to ask himself if he wants cop cars following him around and harrassment by the police on top of all his other issues. 

I do not see how ringing the non-emergency number could possibly help any civil case. Trying to get back in the house is a complete non-starter, it is not worth the aggro even if it is legally possible. The cousin is safe at a friend's house and his focus should be on finding a permanent new home. That is going to be difficult enough as it is - especially if he needs help from the council - without pursuing the hopeless quest of trying to legally force his way back into a house controlled by a hostile party just so he can get evicted the right way. 

If the nephew has destroyed his possessions then he would have a legal case, but whether it is worth the cost of pursuing it is a different question. Hopefully he retrieved them before Sunday.

The other legal avenue that might be worth considering is the Inheritance (Provision for Family and Dependants) Act 1975 (if he is in England or Wales) - on this point he should definitely talk to a solicitor and not rely on people down the pub. But again, calling or not calling the non-emergency number makes no difference to whether a judge will take the view that he had a reasonable expectation of an inheritance.

Section62

Malthusian said:

Section62 said:

(Anyone who wants to suggest prosecution for wasting police time might be an outcome should reflect on whether that is really a likely prospect for a recently bereaved 71-year old phoning the non-emergency number and asking whether any help can be given)

I agree that's not going to happen.

The recently bereaved 71-year-old does however need to ask himself if he wants cop cars following him around and harrassment by the police on top of all his other issues.

Really?  In a world where there's CCTV everywhere and police vehicles are fitted with tracking, is there a realistic chance the local force will dedicate their scarce resources to following a recently bereaved 71-year-old on the say-so of a retired inspector who may (or may not) be an ex-employee of the force?

How exactly would they justify that to the IOPC, if asked to do so?

I'd suggest the very unlikely scenario of prosecution of the cousin for wasting police time was somewhat more likely than that scenario.

I do not see how ringing the non-emergency number could possibly help any civil case. Trying to get back in the house is a complete non-starter, it is not worth the aggro even if it is legally possible. The cousin is safe at a friend's house and his focus should be on finding a permanent new home. That is going to be difficult enough as it is - especially if he needs help from the council - without pursuing the hopeless quest of trying to legally force his way back into a house controlled by a hostile party just so he can get evicted the right way.

I didn't mention anything about a civil case...

I would suggest that one of the ways in which making the call to the non-emergency police number might help the cousin is when it comes to persuading the council to help.  Otherwise it may just look (to the council) like the cousin has made themselves intentionally homeless, and did nothing to resist what may turn out to be an unlawful eviction.

Skiddaw1

@turnitround I can't add anything much by way of advice, but just wanted to pass on my condolences to your poor cousin. What a horrid man the son must be! I do hope your cousin can find a way through this. Such a dreadful situation. Son should be ashamed of himself.

Sistergold

What a dreadful dreadful thing to do. I am really sorry for your cousin. What have some people turned into? Did your Cousin have resources to look after himself after this? Really sorry.