Evicting family members, help please

[JK Nia]

Hi, I need advice regarding eviction of a family member in Scotland.

My partner owns a house in Scotland that has been in his family for generations. He used to be in the army for about 9 years and was away for months. He let his sister live in the house but she never paid any rent. She would only top up the gas and electric meter. In the past he had problems with her and had her sign a letter from his lawyer regarding her antisocial behaviour — was messing with his post (opening letters and hiding them, he also mentioned she tried to forge his signature so he couldn't kick her out). She is lazy, no job, sleeps till afternoon and just sits around the house doing nothing. She is also a compulsive liar. He is now out of the army and is living in the house full time. I moved in last year. We are trying for a family and don't want her to live with us anymore. We don't want our future children to grow up under her bad influence. How can we get her evicted?

She told us 2 months ago she is moving out but every single time she is supposed to go, the day before or on the day, “something comes up" and she stays. She is messing with us and we can't stand it anymore. She was supposed to definitely move today but she made uo an excuse and never left. My partner took time off especially for this, to help her.

Does she even classify as a tenant, lodger, etc? We don't want to go through courts as it is such a long process.

There is no tenancy agreement and she never paid any rent.

Please help 🙏

[DoricPixie]

It sounds like the sister is a “non-tenant occupant” which means she has very few rights. You, or rather your partner, need to give her reasonable notice to leave so he needs to do that and stick to his guns about the date regardless of what she claims has come up at the last minute.

It is unlikely a court order will be required to legally evict the sister.

https://scotland.shelter.org.uk/hous...nant_occupiers

Once notice has been served and she’s finally out it would be a good idea to change the locks…just in case.

[JK Nia]

In this case, can it be just a normal letter or does it have to be a specific one?

[DoricPixie]

There isn’t a specific form to use so just a normal letter.

[mooch]

A friend of mine had a similar situation. My friend ended up driving her sister with some packed luggage to some hostel or something and putting her into a room - that she'd paid out for, for a few weeks - to convince her sister that there really were no more chances now and she had to go. I was there in the car (just for some moral support really) and it was the most heart wrenching thing to witness , many tears, but it really had just got to that point.