Removing a family member from property

[wendz]

Hi. We have had our mother-in-law living with us for around 5 years. She has stayed with us as my husband is her only child. She has never signed a tenancy agreement with us and has only paid very minimal rent each month. How do we legally get her to leave when she refuses to and says she has nowhere to go? Any help will be appreciated.

[Berlingogirl]

I presume she's living in your own house with you. Does she have any income? Look around for a small house/flat within her budget and help her apply for it.

IF she has no money and is relying on benefits only it might be more difficult as you will probably have to make her homeless forcing the council to house her.

In either case be prepared for a family fallout if she refuses to leave.

[Interlaken]

Or do you mean you live in a rental property with all 3 of you on the tenancy or just you and your husband?

Consider leaving the pair of them and you move out yourself!

[wendz]

She is living in our flat with us. She gets ESA benefits each month and doesn’t work. She’s never worked in the UK so not sure she’ll even be entitled to a state pension. I’m just not sure which route to take to evict her so she can then go to our local council and ask for help

[jpkeates]

Does she actually pay "rent" or does she just hand over some money from time to time?

You also need to be realistic, the local council have an obligation to put her up if she's homeless, but almost none of them will be able to house her permanently.

[DPT57]

Worst case is she's a lodger and you probably only have to give her a months notice and then change the locks. However, is your husband prepared to see her homeless or in a b&b somewhere?

[nukecad]

She gets ESA benefits each month and doesn’t work. She’s never worked in the UK

ESA is paid fortnightly not monthly, but that's a minor point.

If she has never worked or paid NI contributions then it will (almost certainly) be Income Related ESA which is a benefit that 'passports' you to help with housing costs.

However she probably won't get that while living with you, whether she pays you rent or not.
The DWP automatically see renting from family as a 'contrived' tenancy in order to (fraudulently) claim benefit, you have to prove otherwise to be able to claim help with your rent which can be difficult.

If she was to move out the she could claim help with rent at her new place, this would mean her claiming Universal Credit for the Housing Element. (Her ESA would be migrated into UC as well, which will happen anyway in a few years).

She would get the full rent in LA housing (subject to the spare room subsidy), or the LHA rate in a private rental.
She would also get full Council Tax Relief.

[theartfullodger]

Get her / you to see what other benefits she might be entitled to..
https://www.gov.uk/benefits-calculators

- if you then re-run calculator pretending she's renting a flat it will tell you want she would get in HB/LBA or UC-Housing-element to help with her rent.

Just give reasonable notice (i'd say 28 days just in case it ends up with a legal argument, in writing, keep copy). Then eventually change locks and return her belongings. The notice she can take to local council & see if they will re-house (might be a long way away or somewhere me, you, wouldn;t want to live - eg homeless hostel.)

Don''t think family relationships will be much good for a long time.

If this isn't sorted soon it never will be: So stay strong and get it done!

Is the flat your property (you own it..) or do you rent it? If rented easiest option would for you to give your landlord valid notice to quit, then you guys move out, leave her behind to fend for herself with courts & bailiffs (might cost you a few hundred ££).

Good luck: Old saying, "You can't choose your relatives".

Really sorry to hear your story: My in laws & parents were all hard-working, as, thanks Mr Darwin, are my three sons.