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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7600
Experience:  BA (Hons), PgDip, Practising Solicitor
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MY BROTHER HAS BEEN STAYING IN MINE AND MY MOTHER HOUSE ( WHICH

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MY BROTHER HAS BEEN STAYING IN MINE AND MY MOTHER HOUSE ( WHICH I DO NOT LIVE IN ) TO LOOK AFTER HER, SHE HAS NOW GONE IN TO CARE AND I AM SELLING THE HOUSE.
HE HAS HAD 5 MONTHS TO MOVE OUT BUT HAS NOT GONE YET. NOW HE IS SAYING I HAVE TO GIVE HIS NOTICE OF 24HRS WHEN I WANT TO GO ROUND TO SORT THINGS OUT AND I CAN NOT TAKE ANTHING OUT OF THE HOUSE WITHOUT HIS PERMISSION, HE IS NOT NAMED IN MY MOTHER OR MY FATHERS WILL, EVERYTHING GOES TO ME.HE MOVED IN ABOUT 18 MONTHS AGO WHEN MY FATHER DIES BEFORE THAT WE HAD NOT SEE HIM FOR ABOUT 5 YEARS. IS THERE ANY WAY I CAN GET HIM TO MOVE OUT.
Hi
Thanks for your question.
To enable me to answer your question could you please respond to the following using the same numbering:-
1. Who is named as registered proprietors of the property on the land registry title for the property please
2. Does he have a tenancy agreement or an agreement that he is allowed to stay there until a certain date
3. Does he pay rent
Kind regards.
Tom
Customer: replied 5 years ago.

1. MINE AND MY MOTHERS NAME ISXXXXX REGISTRY.

2. HE DOES NOT HAVE A TENANCY AGREEMENT, HE WAS TOLD WHEN MY MOTHER WENT IN TO CARE HE WOULD HAVE TO LEAVE WHICH WAS IN AUGUST.

3.HE HAS BEEN THERE FOR 18 MONTHS AND NEVER PAID A PENNY IN RENT OR FOR BILLS

KIND REGARDS

JULIE

Hi,

Thanks for your reply.

If he does not have an agreement to occupy the property on the basis of payment of rent for a fixed term then he does not have many rights because he is occupying the property on licence. One right he does have is to receive “reasonable notice” of eviction. This means that you and your mother must write a notice (in the form of a signed letter to him) stating that he has been occupying the property (for no rent) on license until your mother went in to care.

State that he should take the letter as you and your mother formally giving him notice to vacate the property. State that the notice period he shall received is 6 weeks from the date of the letter, after which you shall evict him.

If he does not leave by the time the notice expires then you can simply wait until he is out and then change the locks. If he does not have tenancy agreement there is not requirement on you to apply to court for an order for possession.

If you are to instruct a solicitor to sell your property once you have a buyer then you may choose to get a solicitor now to write the above notice on your behalf.

As you are named as joint registered proprietor you have a right to access/occupation of the property which he cannot deny you if it is simply the case that you and your mother were letting him live there with no formal agreement.

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question.

I will answer your follow up questions you may have.

Kind regards,


Tom
Thomas and other UK Property Law Specialists are ready to help you
Customer: replied 5 years ago.

I sent my brother an eviction notice in December as you suggested, which was on the 25th January, since then I have trying to get access to property to change the locks when there is no one in. But the house is never left empty, can you suggest what I can do now.

Regards Julie Staples

Hi,

If the notice has expired then you will have to download a copy of the registered title for the property to show that you own it and then contact a locksmith about changing the locks and regaining entry.

Tom