Should I be worried? Niece living in my mums house

[andy43]

Tiggers said:

Trespass is not a criminal offence unless aggravated. You can't evict someone without a Court Order. Best case here would be for OP's mum to formalise the arrangement in writing by Licence to Occupy or Assured Shorthold Tenancy but I suspect she has more important things to focus on. Getting them out through the Court will take time and cost money but it has to be done.

That. Her occupancy needs a legal basis - doesn't have to cost much, get an AST from the Internet and if needed get citizens advice or a solicitor to give it the once over before signing.
And getting a lasting power of attorney (LPA) sorted now is excellent advice too, if at all possible. Too many people leave all this stuff too late, as once you're sadly no longer capable, its a lot more difficult for family members to help.

[tubbinthug]

LPA is already registered, but not activated as Mum is still capable. My brother and I are the attorneys. Mum has agreed to Niece moving in, so in some ways I am sticking my nose in where it isn't wanted, but I am also an executor for Mum's will, together with my brother, so I don't want problems when Mum goes. Another point is half the house was put into trust when Dad died, and I am also one of the trustees, together with my brother. So it's complicated.

[Pheo]

tubbinthug said:

LPA is already registered, but not activated as Mum is still capable. My brother and I are the attorneys. Mum has agreed to Niece moving in, so in some ways I am sticking my nose in where it isn't wanted, but I am also an executor for Mum's will, together with my brother, so I don't want problems when Mum goes. Another point is half the house was put into trust when Dad died, and I am also one of the trustees, together with my brother. So it's complicated.

Although difficult now, it'll be more awkward and difficult later. Just have a quiet word that she's more than welcome to stay for now, but you want to establish on what basis, and what is/isn't acceptable - and that you are a bit concerned about her having moved someone else into the property. Accordingly, so everyone knows where they are, you're going to put in place a simple contract to explain things.

It'll be a hard conversation - but trying to get her out later is likely to be harder if you've not done i6t!¬

[Zoon]

Or alternatively have a quiet word with him and explain that it isn't his permanent residence and he's staying as a guest.

[jgtv]

sparkythecat said:

OP, have you discussed this with your brother, and what does he think you should do?

This is the way to address the issue, speak to him and get it sorted, get something written up that allows the niece to occupy the house for what ever short term reason, but only her.

Trying to play the bad mother fXXXXr might actually end up in you getting your arse kicked by your nieces boyfriend and/or mess up the already emotional situation with your family more.

[andy43]

If you're an executor, that would be a very good reason for needing something legally binding, in writing.
Otherwise your job will potentially be made a heck of a lot harder, last thing you'll be needing at that point.

[Esseesse]

Go round there often and make yourself at home. i.e. make it clear that it isn't his space.

If there's nothing written down, wouldn't it just be easier (if required) to between you and a few others carry him out of the house, put him on the pavement and change the locks?

[moorx]

I'm sorry to hear about your mum.

And sorry to potentially add to your list of worries, but if he has significant debts, are there any valuables in the house that might 'go missing'?

[kriggi]

Why not store a few items in one of the rooms to make it clear its not her house and give you a bit of ownership, this will give you an excuse to pop round regularly too.