Evicting a family member

Keep_pedalling

What is the value of the flat and the amount outstanding on the mortgage?

What is your value of your parents estates?

Are you the sole executor?

if their estates are large enough can’t she use her inheritance to buy out your flat (even if you sell it below full market value as per your previous thread) so you can avoid eviction and a major family rift.

fluffy_kittens2024

silvercar said:

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.

Yep everything is still registered there with me, the only thing that’s not is my gp who I registered with near my parents house after a few years into my parents illness. No one else was caring for my parents as they died so I didn’t have much choice. 

Because she can’t get a mortgage the flat after speaking to an advisor the sale to her is proving difficult. 

Thanks for advice 

ThisIsWeird

fluffy_kittens2024 said:

Yep everything is still registered there with me, the only thing that’s not is my gp who I registered with near my parents house after a few years into my parents illness. No one else was caring for my parents as they died so I didn’t have much choice.

Everything of yours is still registered to your flat (apart from GP)? Does that include council tax, and energy bills? Broadband?! Who paid for these, and have you been collecting your mail from your flat?

Surely this could make her a lodger and not a tenant?

fluffy_kittens2024

ThisIsWeird said:

fluffy_kittens2024 said:

Yep everything is still registered there with me, the only thing that’s not is my gp who I registered with near my parents house after a few years into my parents illness. No one else was caring for my parents as they died so I didn’t have much choice.

Everything of yours is still registered to your flat (apart from GP)? Does that include council tax, and energy bills? Broadband?! Who paid for these, and have you been collecting your mail from your flat?

Surely this could make her a lodger and not a tenant?

I’ve been paying for all of these, including the council tax which I removed the single person discount from. Since my mum died I’ve also been paying for direct debits on her property while the probate is being sorted (internet, water etc). She’s been sending me pictures of post I’ve been receiving. 

Olinda99

move back in asap ! 

ThisIsWeird

fluffy_kittens2024 said:

ThisIsWeird said:

fluffy_kittens2024 said:

Yep everything is still registered there with me, the only thing that’s not is my gp who I registered with near my parents house after a few years into my parents illness. No one else was caring for my parents as they died so I didn’t have much choice.

Everything of yours is still registered to your flat (apart from GP)? Does that include council tax, and energy bills? Broadband?! Who paid for these, and have you been collecting your mail from your flat?

Surely this could make her a lodger and not a tenant?

I’ve been paying for all of these, including the council tax which I removed the single person discount from. Since my mum died I’ve also been paying for direct debits on her property while the probate is being sorted (internet, water etc). She’s been sending me pictures of post I’ve been receiving. 

Ok, surely this is highly significant? You have removed the single person discount, with the obvious implication that your sis moved in with you, to share?

From what you say, you are fully entitled to move back in. How you handle the rest is also under your control.

But - I'm not legally informed.

On that point, do you have Legal Protection included in your house insurance? Oh, and is your flat's house insurance policy a 'normal' domestic type, or 'Landlord'?

Pretty much everything so far points to your sis not being a tenant but a lodger, and that's good news. Hopefully properly informed folk on here can advise further.

_Penny_Dreadful

Assuming this is in England I suspect you have created an Assured Shorthold Tenancy. In the absence of anything in writing it will be a Contractual Periodic Tenancy and unless you have all the necessary prescribed information in place your sister could easily defend a Section 21 notice. One option, if it is an AST, would be to serve a Section 13 notice to increase the rent to the current market rate. Then if/when your sister falls into arrears that would open up the Section 8 route using ground 8 once 2 months worth of arrears are owed. It is rather an aggressive move though. 

You could try arguing that the flat remained your main residence whilst you temporarily moved out to care for your parents and therefore your sister is an excluded occupier. Ultimately it would be down to a court to decide but if since 2020 you could ordinarily be expected to be found at your parents’ home and not the flat I think that would be a tough sell. 

FreeBear

Olinda99 said: 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

And/or use Section 8, grounds 1 - Being a mandatory reason, it has a better chance of succeeding.

lizhancock

ThisIsWeird said:

fluffy_kittens2024 said:

ThisIsWeird said:

fluffy_kittens2024 said:

Yep everything is still registered there with me, the only thing that’s not is my gp who I registered with near my parents house after a few years into my parents illness. No one else was caring for my parents as they died so I didn’t have much choice.

Everything of yours is still registered to your flat (apart from GP)? Does that include council tax, and energy bills? Broadband?! Who paid for these, and have you been collecting your mail from your flat?

Surely this could make her a lodger and not a tenant?

I’ve been paying for all of these, including the council tax which I removed the single person discount from. Since my mum died I’ve also been paying for direct debits on her property while the probate is being sorted (internet, water etc). She’s been sending me pictures of post I’ve been receiving. 

Ok, surely this is highly significant? You have removed the single person discount, with the obvious implication that your sis moved in with you, to share?

From what you say, you are fully entitled to move back in. How you handle the rest is also under your control.

But - I'm not legally informed.

On that point, do you have Legal Protection included in your house insurance? Oh, and is your flat's house insurance policy a 'normal' domestic type, or 'Landlord'?

Pretty much everything so far points to your sis not being a tenant but a lodger, and that's good news. Hopefully properly informed folk on here can advise further.

Yes sounds like she can be regardded as a lodger, so move back in if you can bear it but I can imagine that will be really hard.  I'm so sorry for what you've been and are going through.  I know you'd rather have your parents but I hope they've left all their money to you and not to her. I no longer speak to my sisters and my Mum's care is one of the reasons, the other is because they are jealous of the house I got after my divorce.  It's so sad and awful when things like this happen but sounds like you are better off without her. I hope you get it sorted. X

ThisIsWeird

Fluffy Kits, on which property are you registered for CT - your flat, or your mum's house? Or both?