Trying to evict son from my property

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    Trying to evict son from my property

    This is a very messy situation. My son lived with my mother, and when she died (2016) I inherited her house. My son carried on living there and did not pay anything or make any contributions to the rent. During 2020 my circumstances changed and I needed him to pay to live there. He did pay some money erratically and has paid £2810 to date. The monthly rent for this property on the open market would be around £500pm

    I asked him to pay or leave and he now refuses to do either. I started court proceedings and went in February, he didn't show up and the judge said it needed longer court time. I called them this morning to get an update to find out it was heard again on the 22nd June. Neither me, nor my son received the paperwork.

    They said my options are to try to set aside, or to start again.

    My question on here is if anyone can recommend solicitors to deal with this for me? Although I don't have any spare cash, I just can't see how to get him out without legal help.

    I'm in the North East.

    #2
    I am very sorry that the family situation has reached this level, that is the real loss here. But in terms of the legal route, i would look at a specialist evictions company, the ones who are often on TV are good......but can be expensive, either way you are not going to do this cheaply if you wish to use a 3rd party.

    Comment


      #3
      What was the result of the hearing on the 22nd June? Ask the court for the decision or what happened on paper - you need to keep all these items towards your future case.



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

      Comment


        #4
        Get one that specialises in landlord/tenant law. Pain Smith and Anthony Gold advertise as such. Can't vouch for either. Others may have better, more up to date recommendations.

        Comment


          #5
          Probate happened & land registry updated with you as owner?

          Served notice (s) compliant with S48 & s3? If not no rent due (S48) and possible fines and criminal record (S3).

          Does he have ANY grounds for beneficial interest? Eg work done, bills paid etc etc.

          Agree, go via solicitors expert in landlord/tenant law & family matters.

          Sad, sorry.
          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


            #6
            I would contact the court again and ask that the case continues as neither of you received paperwork.

            This happened to me once and they continued the case.

            Comment


              #7
              I've heard of Landlord Action, but have no personal experience with them. You can also look for "eviction specialist near me" in Google Maps. You might find some near you and you can check their reviews in Google to learn about other client experiences. Sorry, sounds like a difficult time.

              Comment


                #8
                Originally posted by Interlaken View Post
                What was the result of the hearing on the 22nd June? Ask the court for the decision or what happened on paper - you need to keep all these items towards your future case.
                It was dismissed

                Comment


                  #9
                  Originally posted by theartfullodger View Post
                  Probate happened & land registry updated with you as owner?

                  Served notice (s) compliant with S48 & s3? If not no rent due (S48) and possible fines and criminal record (S3).

                  Does he have ANY grounds for beneficial interest? Eg work done, bills paid etc etc.

                  Agree, go via solicitors expert in landlord/tenant law & family matters.

                  Sad, sorry.
                  very sad

                  1. Yes
                  2. none of this, served a S21 and S8
                  3. No, I've paid for all repairs.
                  Very sad situation

                  Comment


                    #10
                    Originally posted by Berlingogirl View Post
                    I would contact the court again and ask that the case continues as neither of you received paperwork.

                    This happened to me once and they continued the case.
                    Thanks I'll try this, yesterday she said my only option was apply to set aside the judgement.

                    Comment


                      #11
                      Originally posted by RentoRento View Post
                      I've heard of Landlord Action, but have no personal experience with them. You can also look for "eviction specialist near me" in Google Maps. You might find some near you and you can check their reviews in Google to learn about other client experiences. Sorry, sounds like a difficult time.
                      I looked at these previously but they seem to specialise in standard cases, that can be easily won in court. Everyone I've contacted is unsure whether he's a tenant or an permitted occupier. I have a key and until last year when this started I stayed with him when I visited the north east,

                      Comment


                        #12
                        Originally posted by deleterenew View Post
                        Everyone I've contacted is unsure whether he's a tenant or an permitted occupier.
                        How can anyone think he's a permitted occupier?
                        That makes no sense.

                        He's either a family member making a contribution to the upkeep of somewhere or a tenant who should pay rent.
                        If you treat them as the latter, you're unlikely to go wrong.

                        You should ask for the hearing to be reinstated because of the failure to send out the correct paperwork.
                        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


                          #13
                          Originally posted by deleterenew View Post

                          Everyone I've contacted is unsure whether he's a tenant or an permitted occupier.
                          You may need to get your specialist tenancy solicitor (if they cannot assure you) to instruct a barrister to write out an argument /opinion of what is his likely status, supported by references to law. The court will/may decide what he is, as nothing is ever clear cut. It will be costly.

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