Squatter, tenant, eviction…. Help

jezzer_72

Hi all,

My mother died and left a will that requires the house to be sold. The house is on the market.

Whilst she was alive she allowed one of her grandchildren to live in the property. Therefore, there is no written agreement/tenancy. She doesn’t pay rent and doesn’t really look after the property (refuses to mow the grass etc.). She has a cat which she keeps in one of the rooms and when people have managed to view the property (she’s made it very difficult for this to happen), one of the reasons for not putting in an offer I’m told, is because of the state and smell of that room.

I’m trying to understand what I can or need to do to remove her from the house so I can finalise the estate. I initially agreed that she could stay for a set period of time until she has a job and got a deposit together to help. After a year I then I served written notice that she has a month to leave. She has ignored that notice stating I need a ‘court letter’.

I’ve read online regarding section 8 and section 21 but it doesn’t seem like that is the appropriate process as there is no written agreement and she does not pay rent so isn’t a tenant in the traditional sense.

Any help would be useful. Property in England.

FreeBear

I suspect the grandchild would be considered an "excluded occupier". On that basis, you would just need to give her "reasonable notice" in writing. After notice has expired, just go in and change the locks.

Bookworm225

the following assumes the Property is in England (not Wales, Scotland ort N Ireland)

don't get too sidetracked using emotive words like "squatter".
Legally she is an "excluded occupier" which means a person occupying accommodation rent free having had a verbal agreement with you that she could so so an 

see shelter England section "rent free accommodation" on its "excluded occupiers" page

excluded occupiers can be evicted without a court order 
Obviously the eviction must be by "peaceful means" so you could change the locks whilst they are out
(Note you must return their property to them and cannot simply dump it outside where it could get nicked or damaged by weather etc)

ellsbells97

Just as a side note, if she's keeping a cat in just one room which is in a pretty horrible state, I'd say that needs to be reported... 

jezzer_72

ellsbells97 said:

Just as a side note, if she's keeping a cat in just one room which is in a pretty horrible state, I'd say that needs to be reported... 

the cat goes outside but internally is restricted to that room. 

jezzer_72

Bookworm225 said:

the following assumes the Property is in England (not Wales, Scotland ort N Ireland)

don't get too sidetracked using emotive words like "squatter".
Legally she is an "excluded occupier" which means a person occupying accommodation rent free having had a verbal agreement with you that she could so so an 

see shelter England section "rent free accommodation" on its "excluded occupiers" page

excluded occupiers can be evicted without a court order 
Obviously the eviction must be by "peaceful means" so you could change the locks whilst they are out
(Note you must return their property to them and cannot simply dump it outside where it could get nicked or damaged by weather etc)

Thanks. It is England. 

I’ve seen the excluded occupier but before. I’m not sure if it applied so I really need to speak to someone but I’m unable to find anyone who can help. They all ask for the tenancy agreement which we obviously don’t have. 

anselld

Did she ever pay rent?  Was there ever an agreement whilst your Mother was alive, even verbal?

A tenancy does not need to be written and if there ever was a tenancy it does not end on your Mother's death so the appropriate action will depend on the original nature of any agreement.

jezzer_72

anselld said:

Did she ever pay rent?  Was there ever an agreement whilst your Mother was alive, even verbal?

A tenancy does not need to be written and if there ever was a tenancy it does not end on your Mother's death so the appropriate action will depend on the original nature of any agreement.

Only verbal. 

She doesn’t pay any rent. 

theartfullodger

As mum gave her permission to live there she is not, cannot be, a squatter.

BikingBud

jezzer_72 said:

Hi all,

My mother died and left a will that requires the house to be sold. The house is on the market.

Whilst she was alive she allowed one of her grandchildren to live in the property. Therefore, there is no written agreement/tenancy. She doesn’t pay rent and doesn’t really look after the property (refuses to mow the grass etc.). She has a cat which she keeps in one of the rooms and when people have managed to view the property (she’s made it very difficult for this to happen), one of the reasons for not putting in an offer I’m told, is because of the state and smell of that room.

I’m trying to understand what I can or need to do to remove her from the house so I can finalise the estate. I initially agreed that she could stay for a set period of time until she has a job and got a deposit together to help. After a year I then I served written notice that she has a month to leave. She has ignored that notice stating I need a ‘court letter’.

I’ve read online regarding section 8 and section 21 but it doesn’t seem like that is the appropriate process as there is no written agreement and she does not pay rent so isn’t a tenant in the traditional sense.

Any help would be useful. Property in England.

You mention there is a will, are you an executor or even the sole executor?

If the occupant is your mother's grandchild I am surmising that the parents of the occupant are also beneficiaries of your mother's estate and have some very clear and compelling reason to see this estate settled, else they are content to see their offspring preventing the sale. Perhaps they are somewhat ambivalent as their child has "somewhere else" to live ie "not in our hair."

How are you addressing this with your sibling, the parent of the errant occupier? 

I would go back and reassert that your obligation as executor requires you to settle the estate in the most efficient manner for the benefit of all the beneficiaries. See if they wish to buy you out so they can allow their child to remain.

Or move in and change the locks, advise they can recover their belongings, including cat, at their convenience, play the long game?

horsewithnoname

Bookworm225 said:

theartfullodger said:

Bookworm225 said:

jezzer_72 said:

Bookworm225 said:

the following assumes the Property is in England (not Wales, Scotland ort N Ireland)

don't get too sidetracked using emotive words like "squatter".
Legally she is an "excluded occupier" which means a person occupying accommodation rent free having had a verbal agreement with you that she could so so an 

see shelter England section "rent free accommodation" on its "excluded occupiers" page

excluded occupiers can be evicted without a court order 
Obviously the eviction must be by "peaceful means" so you could change the locks whilst they are out
(Note you must return their property to them and cannot simply dump it outside where it could get nicked or damaged by weather etc)

Thanks. It is England. 

I’ve seen the excluded occupier but before. I’m not sure if it applied so I really need to speak to someone but I’m unable to find anyone who can help. They all ask for the tenancy agreement which we obviously don’t have. 

contact shelter England and pretend to be the occupant, not the LL
let them explain your "rights" as an excluded occupier.

Many might suggest this is a fraudulent attempt to exploit a charity with limited funds and more important priorities.

I am a landlord btw.

Best wishes to all.

then why not offer some actual explanations rather than your usual know it but not telling response

They’re right though