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Stuart J
Stuart J, Solicitor
Category: UK Family Law
Satisfied Customers: 20067
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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Hi - leaving aside any moral issues, we have a multi-part question

Customer Question

Hi - leaving aside any moral issues, we have a multi-part question relating to the potential eviction of our two adult children. We hope that you can provide a response.

Both children are now well into their 20's, and for various reasons we would like to 'release' them into the big wide world. This may need some legal backing as we can no longer put up with their antics.

The first question then is do we have any legal parental responsibility for housing them (either in our place of residence or by funding their residency in another property) as they are both beyond 18?

If we took the decision to 'evict' them how would we go about it? Can we do it informally, or do we have to go down a formal, legal road?

What notice period (through informal or formal procedures) do we need to give them to find alternative accommodation?

Do we have to state the reasons why we are evicting them?

At the end of that notice period, if they have made no attempt to vacate our property, are we entitled to a) move all their goods into boxes/bags outside the front door and b) change all the locks of front/back doors?

Can they legally challenge our decision?

Can they invoke the EC Human Rights bill?

Many thanks
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Stuart J replied 1 year ago.
Thank you for your question here on Just answer. It is my pleasure to try and assist you with this today. Please bear with me if I need to ask for any further information from you in order for me to be able to advise you fully. My name isXXXXX and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.

Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case. I will be online and off-line all day most weekdays and weekends.

Can you explain what is meant by 'moral blackmail' please?
Customer: replied 1 year ago.

Playing on the heart strings.... "you've brought us up and must continue to do so"; "..we can't afford to live elsewhere.."; "...how can you even think about..." etc etc

Expert:  Stuart J replied 1 year ago.
Parental responsibility ends at 18

Once they are 18, you no longer have to home them and you can, if
you wish, give them reasonable notice (I would say probably a month is a
minimum) to leave after which you will lock them out and put their belongings
on the doorstep although beware of anything getting wet.

There is no human rights issue here because you were not
interfering with any human right to a home life. They can live where they like.
Human rights cannot force anyone is not dependent on you.



Don't worry about the moral issues, I have a very very close
friend who did exactly the same with his son (against his wife's wishes I might
add) who was a drug dealer and drug addict and after having the police round to
his very nice and respectable house on numerous occasions he finally came to
the end of his tether and literally told him to get out along with all his
belongings. It did focus the sons mind, but not for some months.



If you do lock the children out, and you can change the locks, and
they try to break in, call the police because that is criminal damage.



They are now no more than guests in your house and you are
entitled to do whatever you would do with guests to get rid of them.



It might be an idea to cut and paste this answer to show them.



If they feel differently, they should seek legal advice as indeed
you have done.



I think they are in for a bit of a shock.



Does that answer the question? Can I assist further or answer any
specific queries?



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Stuart J, Solicitor
Category: UK Family Law
Satisfied Customers: 20067
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
Stuart J and other UK Family Law Specialists are ready to help you
Expert:  Stuart J replied 1 year ago.

As an aside or rather, as an addition, my colleague Claire has kindly said "give them 28 days written notice all the little b------ers, can use an obscure provision of the Family Law Act and get back in"

it is always as well to give notice in writing in any event

 

Customer: replied 1 year ago.

Many thanks

Expert:  Stuart J replied 1 year ago.
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