Evicting a family member

fluffy_kittens2024

So, I have a flat with a mortgage. My sister (older by 5 years) moved in in 2020 after she got divorced. Since 2020, I have been living at our parents as they were both dying of cancer and I (and only I) cared for them. I have now lost both of them. I’m still currently there to deal with probate and estate matters. 

I want to start the process of selling the flat my sister is living in but she refuses to agree and won’t discuss it - she will just block me. (I wanted to sell it and move back in 2020 but for obvious reasons other things took over).

Only my name is on the deeds and mortgage as well as the bills. 

My question is, is there an official/legal way of “evicting” a family member when they are un-cooperating like this? 

Thank you. 

Keep_pedalling

Is she paying rent?

What happened to the idea of her purchasing it from you?

This really belongs over on the housing board where the experts on eviction mainly reside. I have reported the tread to get it moved.

fluffy_kittens2024

Keep_pedalling said:

Is she paying rent?

What happened to the idea of her purchasing it from you?

This really belongs over on the housing board where the experts on eviction mainly reside. I have reported the tread to get it moved.

Sorry about that, yes go ahead and change it.

She pays some, but less than half of what I’ve been paying while caring for our dying parents. I’ve basically been paying more to not live there than she has to live there. I’m happy to pay that back to her. 

She can’t get a mortgage because she doesn’t work full time so the outstanding debt via a mortgage on the property is causing all sorts of issues, she can’t take on the mortgage basically. Even if she could she’s now ceased communications with me anyway and is refusing to cooperate. 

silvercar

fluffy_kittens2024 said:

Keep_pedalling said:

Is she paying rent?

What happened to the idea of her purchasing it from you?

This really belongs over on the housing board where the experts on eviction mainly reside. I have reported the tread to get it moved.

Sorry about that, yes go ahead and change it.

She pays some, but less than half of what I’ve been paying while caring for our dying parents. I’ve basically been paying more to not live there than she has to live there. I’m happy to pay that back to her. 

She can’t get a mortgage because she doesn’t work full time so the outstanding debt via a mortgage on the property is causing all sorts of issues, she can’t take on the mortgage basically. Even if she could she’s now ceased communications with me anyway and is refusing to cooperate. 

On your other thread you were looking at a concessionary sale/ gifted deposit. What happened to that idea? 

You said you haven’t been living there, is it still registered as your address with say your bank, your GP, your work? If not, you may have created a CGT issue when you sell, as it hasn’t been your primary residence for a time. 

If your sister doesn’t own it and is paying money to you, then she is a tenant and you could evict through a formal process.

silvercar

Keep_pedalling said:

Is she paying rent?

What happened to the idea of her purchasing it from you?

This really belongs over on the housing board where the experts on eviction mainly reside. I have reported the tread to get it moved.

I’ll move it.

Olinda99

if she has exclusive use of the flat and has been paying you rent then she is a tenant and you are landlord and you should be complying with all the landlord legislation including gas safety certificates, electricity safety certificates, possible local licensing laws, deposit protection if she has given you any deposit.

if you want to evict a you should make sure that you have everything in order and issue a section 21 before Labour ban them

if you have not for example given her a gas safety certificat, copy of how to rent guide etc then you may find it difficult to impossible to issue a section 21

you could also consider increasing the rent immediately to market rate

theartfullodger

She's a tenant.  Presumably nothing in writing about tenancy - rent, dates, agreed terms etc?  If so v unlikely any court would accept s21 as it would be invalid. 

Done any training in how to be a landlord?

Being doing all repairs & decorating?

Been declaring rent fully to HMRC?

Many landlords consider renting to friends or family a 100% no-no. (Including me...)

RAS

Given the changing legislation mooted, you might be wise to get someone who specialises in S21 evictions to get started now. They'll check everything is in place, then you issue the S21.

Take their advice in any rent increase and if you do it, do so via an S13. If she were to appeal, she'd end up paying market rent.

subjecttocontract

Perhaps your best option is to use one of the eviction specialists but it comes at a cost. Landlord Action are one of the best, easy to find on the internet with clear charges and fees. Suggest you go down that route but act quickly as things might change for the worst at the October budget.

Schwarzwald

Does she expect a stake out of the probate/estate?

delay all that and use it as a bargaining chip:
she moves out, she can get her stake.
she doesnt move out, it might all take a looooooong time.

Grumpy_chap

silvercar said:

You said you haven’t been living there, is it still registered as your address with say your bank, your GP, your work? If not, you may have created a CGT issue when you sell, as it hasn’t been your primary residence for a time. 

Whether or not the property was the OP's PPR is a matter of fact.  From what has been said in the thread, the fact is that this has not been the OP's PPR since 2020 so a CGT liability has arisen.  That is not avoided simply by having some paperwork where the address has not been updated.