Evicting family member from residential property

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Comments

  • thegreenone
    thegreenone Posts: 993 Forumite
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    They can’t just change the locks when the son is out, they have to give notice, they would not be safe there during this notice period, hence best to be away. 

    How can you sell a house when you effectively have squatters?? Would you buy a property with not guarantee that the property will be vacant on completion?? No responsible solicitor or lender would allow a sale when another family is present amd doesn’t want to leave!
    Why would the Parents need to give notice?  The Son and his Wife pay nothing so have no contract that needs to be terminated.  I don't even think they would have Lodger status if they pay nothing.

    If the Parents have already locked them out, the house is theirs to sell in the normal way.  No Squatters.
  • Pollycat
    Pollycat Posts: 34,634 Forumite
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    You can evict someone in your house.  It will be messy.  It will ruin the relationship.  However, if determined most solicitors will help and it takes around six months.
    It sounds like the relationship is already ruined.

  • _Penny_Dreadful
    _Penny_Dreadful Posts: 1,044 Forumite
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    molerat said:
    Get the parents to change the locks whilst their son is out, refuse him readmittance to the property, if the son attempts to force entry then call the police. 
    The police may not be as accommodating as you would hope.  The son can likely prove it is his home and his parents are acting unreasonably by throwing him and his family out for no reason. So unless it is obvious the son presents an immediate risk of violence to the parents they may lean towards the son.

    I would probably agree with this.

    What is reasonable? on one hand, the parents are being abused verbally which is unacceptable, but then there is a family with two young kids removed from the only home they know, changing the locks while the son is out without any notice is not acceptable to the parents regardless what the law is, I can understand that.

    Essentially, the parents want something formal in place so the sons knows they are serious, they don't want them to suffer and be homeless without notice. I'm trying to work out how we can put this in place without costing the earth but gets the job done, so is this eviction specialist or general solicitors or a charity that may help. While the process is going on they would rather be away from the property, watching the kids being evicted would be heart breaking for them      
    The parents aren’t serious as when push comes to shove they won’t put the son out on the street. Notice to leave is pointless if there is no intention of making the son leave, it’s just an empty threat. 

    Rather than get sucked into this mess the best course of action for you would be to report it to the council’s adult safeguarding team and take a step back. 
  • Glover1862
    Glover1862 Posts: 410 Forumite
    First Anniversary First Post
    molerat said:
    Get the parents to change the locks whilst their son is out, refuse him readmittance to the property, if the son attempts to force entry then call the police. 
    The police may not be as accommodating as you would hope.  The son can likely prove it is his home and his parents are acting unreasonably by throwing him and his family out for no reason. So unless it is obvious the son presents an immediate risk of violence to the parents they may lean towards the son.

    I would probably agree with this.

    What is reasonable? on one hand, the parents are being abused verbally which is unacceptable, but then there is a family with two young kids removed from the only home they know, changing the locks while the son is out without any notice is not acceptable to the parents regardless what the law is, I can understand that.

    Essentially, the parents want something formal in place so the sons knows they are serious, they don't want them to suffer and be homeless without notice. I'm trying to work out how we can put this in place without costing the earth but gets the job done, so is this eviction specialist or general solicitors or a charity that may help. While the process is going on they would rather be away from the property, watching the kids being evicted would be heart breaking for them      
    The parents aren’t serious as when push comes to shove they won’t put the son out on the street. Notice to leave is pointless if there is no intention of making the son leave, it’s just an empty threat. 

    Rather than get sucked into this mess the best course of action for you would be to report it to the council’s adult safeguarding team and take a step back. 
    I don't believe this to be the case, they won't be homeless as both son and his wife work, they have savings and even the parents are willing to help pay towards a rental, the only way they will be homeless is (as some have suggested here) if they are thrown out without notice and locks changed, I've already said that they want to avoid that. it's not a empty threat (yes it will be difficult) I'm trying to get advice on the best way forward and arming ourselves with as much info as possible. They need to find a solicitor or a charity that could help, it's up to the parents if they want to get the councils safeguarding team involved, not something for me to do.    
  • Mojisola
    Mojisola Posts: 35,556 Forumite
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    The retired couple have their 50 year old son, his wife and two children (aged 9 & 11) live with them, the son's never paid rent or many bills, effectively lived free.

    It's come to a head now and the couple just want the son and his family out as they have become verbally abusive and are even restricting them to certain parts of the house, they've slowly removed the couples belongings without permission.     
    This is likely to get very messy and unpleasant.
    If the couple haven't already, it would be worth keeping a diary of all events and, if they can record any of the abuse safely, do so.
    When they go for help, it will be easier if they have some evidence rather than just, he said, they said.
    They should be prepared for the son to say that the parents have mental issues, dementia, etc, and that they shouldn't be believed.
  • CouldntResist
    CouldntResist Posts: 50 Forumite
    First Post
    molerat said:
    Get the parents to change the locks whilst their son is out, refuse him readmittance to the property, if the son attempts to force entry then call the police. 
    The police may not be as accommodating as you would hope.  The son can likely prove it is his home and his parents are acting unreasonably by throwing him and his family out for no reason. So unless it is obvious the son presents an immediate risk of violence to the parents they may lean towards the son.

    I would probably agree with this.

    What is reasonable? on one hand, the parents are being abused verbally which is unacceptable, but then there is a family with two young kids removed from the only home they know, changing the locks while the son is out without any notice is not acceptable to the parents regardless what the law is, I can understand that.

    Essentially, the parents want something formal in place so the sons knows they are serious, they don't want them to suffer and be homeless without notice. I'm trying to work out how we can put this in place without costing the earth but gets the job done, so is this eviction specialist or general solicitors or a charity that may help. While the process is going on they would rather be away from the property, watching the kids being evicted would be heart breaking for them      
    The parents aren’t serious as when push comes to shove they won’t put the son out on the street. Notice to leave is pointless if there is no intention of making the son leave, it’s just an empty threat. 

    Rather than get sucked into this mess the best course of action for you would be to report it to the council’s adult safeguarding team and take a step back. 
    I don't believe this to be the case, they won't be homeless as both son and his wife work, they have savings and even the parents are willing to help pay towards a rental, the only way they will be homeless is (as some have suggested here) if they are thrown out without notice and locks changed, I've already said that they want to avoid that. it's not a empty threat (yes it will be difficult) I'm trying to get advice on the best way forward and arming ourselves with as much info as possible. They need to find a solicitor or a charity that could help, it's up to the parents if they want to get the councils safeguarding team involved, not something for me to do.    
    They either want them out or they don't. Give a 'reasonable' notice if they really want to, change locks if they don't leave on time. Their homelessness status will be up to them after that.

    I don't see what more info you need and how you think a charity will intervene; the son doesn't want to leave and why would he when he lives rent free. So apart from delivering an empty house to son what do you think the charity will do?
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