Eviction

japancool · Dec 13, 2021

I'd like to see if I can draw on your experiences as landlords and property law experts. I'm asking for a friend.

They have inherited a house from their grandfather. However, their uncle is currently living in the house. The uncle has no tenancy, and moved in while the grandfather was still alive. The uncle is alcoholic, has mental health problems (alcohol-induced dementia) and is partially blind.

Despite agreeing to leave, and having acquired a new place to live (on which he has paid a year's rent in advance), the uncle is refusing to leave the house.

The house has been sold, but the presence of the uncle is stopping the sale from being completed.

What options does my friend have to evict the uncle?

Gyumri · Dec 13, 2021

Apply for an order for possession in the local county court? It should be quick and painless. I suppose it would be made under part 55 of the CPR but it would be worth getting a junior solicitor involved if you can afford their fees.

WaveJumper · Dec 14, 2021

Nothing worse when families fall out, one of my team a few years back had similar problem when her brother would not vacate their mothers property after it had been sold. She had to get the solicitor involved.

Do you know the reason he won't move on, is he hoping for a share of the proceeds

Chocolates1 · Dec 15, 2021

Without knowing all of the facts and based on information provided, common sense and intuition, I presume there must be some direct communication with the uncle to know that they have acquired alternative accommodation.

It might have upset the uncle to have their home sold from under their feet.

The uncle may have a legal rights and grounds to dispute the will. Have the grandchildren considered formally offering an equal share of the estate - Which might, in the long term, be in the best interests of all parties involved.

japancool · Dec 15, 2021

The uncle's brothers and the grandchild who is involved helped him to secure alternative accommodation.

I doubt the uncle will contest the will. As I said, he has alcohol-induced dementia, and is arguably not of sound mind but that's not for me to say. In any case, he may already be entitled to a share of the estate, I don't know the details of the will.

Newchodge · Dec 15, 2021

If there is no tenancy you can just change the locks (when he is out). Does he have a social worker?

Fagin2021 · Dec 16, 2021

Chocolates1 said:
Without knowing all of the facts and based on information provided, common sense and intuition, I presume there must be some direct communication with the uncle to know that they have acquired alternative accommodation.

It might have upset the uncle to have their home sold from under their feet.

The uncle may have a legal rights and grounds to dispute the will. Have the grandchildren considered formally offering an equal share of the estate - Which might, in the long term, be in the best interests of all parties involved.

Shouldn't you be writing your own defence and counterclaim right now - instead of speculating about someone else's problem?

Chocolates1 · Dec 16, 2021

japancool said:
The uncle's brothers and the grandchild who is involved helped him to secure alternative accommodation.

I doubt the uncle will contest the will. As I said, he has alcohol-induced dementia, and is arguably not of sound mind but that's not for me to say. In any case, he may already be entitled to a share of the estate, I don't know the details of the will.

When you said they have inherited property from their grandfather, I presumed you meant there was a will and their uncle was not included as a beneficiary.

I think in Scotland at least, it's illegal to disinherit one sibling in favour of other siblings. Tenancy agreement or not, that is currently the uncles' home and I certainly wouldn't go illegally evicting him by changing the locks when he is out, as one person has suggested. Especially if he's as vulnerable as the other relatives claim.

Maybe the property shouldn't have been sold until vacant.

Chocolates1 · Dec 16, 2021

Fagin2021 said:
Shouldn't you be writing your own defence and counterclaim right now - instead of speculating about someone else's problem?

I don't take dictation from random strangers about what I should think, or how I spend my time. Shouldn't you be minding your own business, instead of speculating mine

fisicx · Dec 16, 2021

Chocolates1 said:
Maybe the property shouldn't have been sold until vacant.

How does that work? Does everyone move out of their house before listing on RightMove?

Chocolates1 · Dec 16, 2021

fisicx said:
How does that work? Does everyone move out of their house before listing on RightMove?

It isn't clear if the drunken uncle has inherited any share of the estate, or what the reason is for refusal to move out.

If there is a dispute over the will and cannot be resolved amicably, the entire estate could be eaten up by solicitors costs

DontAsk · Dec 16, 2021

fisicx said:
How does that work? Does everyone move out of their house before listing on RightMove?

No, of course not (and I suspect you know that), but the property cannot be sold until contracts are exchanged, including a clause about vacant possession (unless it's being sold with a sitting tenant). All adults in the property have to sign, agreeing to vacate. If the Uncle is not of sound mind he may not be able to sign the contract agreeing to vacate, which could complicate things.

Newchodge · Dec 16, 2021

DontAsk said:
No, of course not (and I suspect you know that), but the property cannot be sold until contracts are exchanged, including a clause about vacant possession (unless it's being sold with a sitting tenant). All adults in the property have to sign, agreeing to vacate. If the Uncle is not of sound mind he may not be able to sign the contract agreeing to vacate, which could complicate things.

If the uncle has dementia (however induced) he cannot be of sound mind, can he? This may also be an issue in terms of agreeing any sale. Even if he has agreed to the alternative accommodation and moves to it, there may be a perceived issue about him returning when he forgets he has moved.

Alyson Dyer · Dec 16, 2021

Things are different in Scotland but in England and Wales we have testamentary freedom to leave what we want to whomever we want, however, the 1975 Family and Dependants Act does allow a claim by anyone left out of a Will who is a dependant of the deceased.

Alyson Dyer · Dec 16, 2021

The Mental Capacity Act states that mental capacity is issue and time specific so a diagnosis if dementia does not automatically mean he does not have capacity to make decisions on where he lives.

japancool · Dec 16, 2021

Newchodge said:
If there is no tenancy you can just change the locks (when he is out). Does he have a social worker?

No, he doesn't. The family have tried to get him one without success.

japancool · Dec 16, 2021

Newchodge said:
If the uncle has dementia (however induced) he cannot be of sound mind, can he? This may also be an issue in terms of agreeing any sale. Even if he has agreed to the alternative accommodation and moves to it, there may be a perceived issue about him returning when he forgets he has moved.

Yes indeed, although he almost never leaves his accommodation.

The alternative accommodation has been agreed to, paid for (by the uncle), and all his stuff bar some day-to-day items has been moved to it.

japancool · Dec 17, 2021

Well... the problem's been solved. The uncle was found dead inside by the police today.

simon field · Dec 17, 2021

japancool said:
Well... the problem's been solved. The uncle was found dead inside by the police today.

That’s pretty decisive.

Newchodge · Dec 18, 2021

I'm so sorry.

japancool · Dec 18, 2021

Thanks Cyndy.

Alyson Dyer · Dec 18, 2021

That’s a sad outcome

Mr D · Dec 18, 2021

japancool said:
Well... the problem's been solved. The uncle was found dead inside by the police today.

Sorry to hear that.

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