Which ground for eviction to use? Inherited life right to property

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    Which ground for eviction to use? Inherited life right to property

    I have inherited the liferight to a property for my exclusive use.

    The property is currently occupied by my stepfather who has no lease or contract but lived there with my mother before she died.

    He is refusing to leave, What would be the best ground for me to use and should I use section 8 or 21?

    #2
    When did your mother move into the place?

    How long has step-dad lived there?

    Is the property subject to a mortgage/rent?
    I offer no guarantee that anything I say is correct. wysiwyg

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      #3
      My mother moved in with me in 1986.
      She married my stepfather in 1998. He moved in in 1996.

      The property was 56% owned by a trust that left me the equity, with my mother having a liferight to live in. My mother left her 44% share in trust to my stepfather (22%)and my 2 sons (22%) with me having the liferight to exclusive use and income from the property. I need advice as to how to best serve him notice as i am paying rent in another property while he lives rent free in mine. Am thinking along the lines of serving him a notice to end licence to occupy thus giving less rights than a section 8 or 21 notice?????? Am i doing what I should be? Many thanks.

      There is no mortgage or rent on the property

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        #4
        You need a Barristers opinion. You can go to one directly nowadays.

        My opinion however is that you wont find anything that will allow you to throw out your step dad.
        I offer no guarantee that anything I say is correct. wysiwyg

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          #5
          Originally posted by mattro View Post
          He is refusing to leave, What would be the best ground for me to use and should I use section 8 or 21?
          S.8 and s.21 apply only to assured [shorthold] tenancies under Housing Act 1988. From what you tell us, your step-father does not have an assured [shorthold] tenancy.

          I need advice as to how to best serve him notice as i am paying rent in another property while he lives rent free in mine. Am thinking along the lines of serving him a notice to end licence to occupy thus giving less rights than a section 8 or 21 notice?????? Am i doing what I should be?
          Well, you can either guess what the legal position is (and either get nowhere or, worst case scenario, end up facing a civil claim for unlawful eviction), OR you can go to a lawyer, show him all your paperwork, and take his advice as to the legal position, whether it's possible to lawfully evict your step-father, and, if it's possible, how to go about it.

          Your choice.

          You can find a direct access barrister here:

          http://www.barcouncil.org.uk/about-t...ess-directory/

          Comment


            #6
            What Westminster could have added is that you might need a deep pocket and still not be able to gain possession! It can be a costly process with no guarantee of a favourable result.
            The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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