An update to Brother Refusing to Leave Inherited Property

apReasonable2681

https://forums.moneysavingexpert.com/discussion/6538152/brother-refusing-to-leave-inherited-property/p1 

1/ In May 2024, my brother was served a 6-week notice to vacate the family home, as he’s considered an excluded occupier (per our solicitor). However, he still hasn’t left.

2/ A court hearing scheduled for September was adjourned, and the next hearing is set for January 2025. Meanwhile, he and his adult son remain in the property, which is causing delays and significant stress.

3/ My solicitor confirmed we have the legal right to change the locks without a court order. However, I’ve chosen to stick to formal legal channels (court and bailiffs) to avoid escalating tension or seeming unreasonable within the family.

4/ Despite knowing he has no legal right to stay, the delays have been frustrating. To make matters worse, one of my other younger brothers (a beneficiary, but not an executor) is pressuring me to sell the house now.

5/ Selling while my brother occupies the property seems risky. His behavior during a previous viewing—demanding money directly from the buyer—already sabotaged one sale. I’m worried he could jeopardize future offers or scare off buyers.

6/ Has anyone faced something similar? How can I:

Enforce the court order faster?

Prepare for the January hearing?

Protect the interests of all beneficiaries while navigating these challenges?

7/ Any advice on handling family pressure or mitigating risks when selling an occupied property would be greatly appreciated.

Thanks in advance for your input!

Brie

The advice to anyone buying is to not proceed with a purchase if there is a tenant.  So I'd wait until you get him out.  If a buyer didn't mind having a tenant and becoming a landlord then they will be asking for details on rent and whether all the legislated stuff is up to date and I suspect you'd have to tell them the truth of the situation.  

Your younger brother probably has good reasons for wanting a sale sooner rather than later but he'll just have to wait.  

tacpot12

If I was your younger brother, I would be furious at you allowing yourself to be manipulated by the brother than will not leave. There was no legal requirement to go to court to evict them, and most of the potential outcomes of going to court are bad for you and the beneficiaries; e.g. court allows them to stay there indefinitely or sets a date for eviction that is a long way in the future.

To prepare for the January hearing, you need to be clear on the law as to why your brother can be evicted, why he can't stay there while the property is sold, and why it is reasonable to evict them with relatively short notice, e.g. his and his son's financial resources to rent somewhere; e.g. earning, savings, and benefit income.

I would be asking the court to evict him asap so that he cannot sabotage the sale - tell the court what he did; I would be arguing that because he has already tried to do, he cannot be trusted not to do so in future. He might argue that he should be given a chance to behave, but he is still going to have to move out if the house is sold, so making him move out sooner guarantees that the sale can be expedited to everyone's benefit including his. He might, more reasonably, argue that it is unfair that he has to move out and pay rent to someone else when he  can stay in the property until it is sold. If he makes that point, you need to point out that he isn't paying any rent now and the beneficiaries are losing out because they should be having some rent from him. 

Is there any reason why the sale might take a long time? e.g. is the condition of the property such that any purchasers might have to have extra surveys done, e.g. of the electrics? If so, there is more argument that any sale will take a while, so there he can't suggest that it will be difficult to rent somewhere for just a few months. In summary, you have to prepare for the case by being prepared to counter all his arguments.  

RAS

Add, his refusal to move out means the estate or siblings may well be liable for CGT whilst the cuckoo and his son are exempt.