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Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7432
Experience:  BA (Hons), PgDip, Practising Solicitor
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My 84 year old mother allowed a former foster child who is

Resolved Question:

My 84 year old mother allowed a former foster child who is now 41 years old to move into her house 4 years ago. He has never pay her any money toward his keep or the bills and as she only has a basis state pension this has left her with problems. We have try to convince her several time to evict him from the house but she has always resisted because she felt guilt about doing this. He has abused her financial and emotionally over this period. However this has now come to a head as he has been taking her Direct Debit Card and taking all of her pension. She has told him he must leave her house by 30 June 2011 and return all keys and she has put this in writing to him.
My question is what legally can we do if he will not leave on this date. How can we have his legally removed.
Submitted: 5 years ago.
Category: UK Law
Expert:  Thomas replied 5 years ago.

Does he have a tenancy or lodge agreement of any kind or is it informal?

Kind regards,

Customer: replied 5 years ago.
It is informal.
Expert:  Thomas replied 5 years ago.

Thanks for your question.

As an informal licensee he would be entitled to receive “reasonable” notice of evictions from your mother in writing. As he has been occupying the property for 4 years I would expect that the notice period required by Court would be around 2 months. If your mother has served him with a written notice of to vacate by the end of June and has a copy of this then I would expect the Court to hold this notice as valid.

If he does not move out when the notice period expires then she can apply to Court to have him evicted. The local county court will be able to provide you with the correct forms to do this.

If he has been taking her debit card and her pension against her wishes then this is a crime. Otherwise the police would say the matter is a civil one but in view of this they may be willing to help. I would contact the police to report the crime personally. They will be unlikely to effect his removal from the property but it will place pressure on him obviously

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