Removing a family member from property

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Removing a family member from property

    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.

    #2
    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.

    Comment


      #3
      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!



      Freedom at the point of zero............

      Comment


        #4
        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

        Comment


          #5
          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.
          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

          Comment


            #6
            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?

            Comment


              #7
              Originally posted by wendz View Post
              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.

              Comment


                #8
                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.
                I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                Comment

                Latest Activity

                Collapse

                • Reply to Letting Agent Withholding Key (Lease signed + rent paid)
                  by HobbitShire
                  Sorry but I must reitterate that she DID provide all documents which were initially requested before both parties signed the lease. This new, rigid requirement for a utility bill only came a day before the agreed move-in date.

                  This is not a case of a prospective tenant having no paper trail....
                  20-01-2022, 01:28 AM
                • Letting Agent Withholding Key (Lease signed + rent paid)
                  by HobbitShire
                  My partner has recently signed a lease through a well known property agent in London.

                  The lease was also signed by the landlord. References from current + previous employer, landlord, etc, and proof of address were requested before signing, and provided.

                  Upon signing the lease...
                  20-01-2022, 00:57 AM
                • Reply to Letting Agent Withholding Key (Lease signed + rent paid)
                  by HobbitShire
                  Firstly, she already provided the previous lease, along with a document from the municipality of Amsterdam stating that she was registered as living there. I paid the bills as we were living together, and she has closed her Dutch bank account (as is required when you are no longer a resident). I'm sure...
                  20-01-2022, 01:11 AM
                • Reply to Letting Agent Withholding Key (Lease signed + rent paid)
                  by Jon66
                  No bank statements with the old address on? These are available freely from your online account, or previous utility bills, council tax bills etc. I find it difficult to accept that they are unable to provide something. I would have concerns if you were my prospective tenant. You need to provide the...
                  20-01-2022, 01:02 AM
                • Reply to Property damaged. Advice please
                  by minorbark
                  When you put it like that I'm more inclined to edge towards the S21 route regardless. As much as part of me feels some compassion for the guy and doesn't want to lump more stress on top of someone who appears to be struggling already, as has been said before, none of us are acting as a charity.
                  ...
                  19-01-2022, 22:51 PM
                • Property damaged. Advice please
                  by minorbark
                  Apologies if something similar has already been covered elsewhere. I did try to search but couldn't find anything that matched my situation particularly closely. A huge thanks in advance to any of you who do take the time to read and advise.

                  TLDR version: Police have forced entry into my...
                  18-01-2022, 21:55 PM
                • Reply to Property damaged. Advice please
                  by minorbark
                  Thank you.

                  My initial contact with the police was just a phone call to the local station. As I almost half expected they wouldn't give up much info, I didn't particularly push back when they said as much and I left it at that. A formal complaint might fill in a few blanks in the story but...
                  19-01-2022, 22:37 PM
                • Reply to Property damaged. Advice please
                  by Hudson01
                  A back door way into finding out what did happen (or more info than you have now), is to ask for a callback from the local PCSO who covers the beat area where the tenant lives (go online and start a live chat), he or she will know far more about your tenant that a faceless comms operator at HQ or anyone...
                  19-01-2022, 22:17 PM
                • Reply to Property damaged. Advice please
                  by DoricPixie
                  Just because someone knocks on your door, even if it crescendos to them banging loudly on your door, it doesn’t mean you have to answer it or have to go and investigate.

                  If the tenant suffers from mental health issues and the police were sent round because someone thought the tenant’s...
                  19-01-2022, 21:47 PM
                • Reply to Property damaged. Advice please
                  by WebLand
                  From painful personal experience of this issue... You should formally contact the police, ask them why they broke the door down and ask for compensation. Their lawyer will then write to you with some information which may be useful for you to know (but not giving very much detail). I expect they'll...
                  19-01-2022, 21:31 PM
                Working...
                X