Should I be worried? Niece living in my mums house
Discussion
Bit of a long story, so apologies, but could do with some advice.
My Mum has teminal cancer, and is now bed ridden. She has moved into the front room of my brothers house, and my Niece has moved in to my mum's house to keep it occupied. However Niece's boyfriend is spending most nights with her at my Mum's house. He's 12 years older than her, has significant debts from gambling and when he's not at my mum's, he lives with his Mum. My concern is that when my Mum passes away, we will have problems getting rid of them from the house. Will this be an issue?
My Mum has teminal cancer, and is now bed ridden. She has moved into the front room of my brothers house, and my Niece has moved in to my mum's house to keep it occupied. However Niece's boyfriend is spending most nights with her at my Mum's house. He's 12 years older than her, has significant debts from gambling and when he's not at my mum's, he lives with his Mum. My concern is that when my Mum passes away, we will have problems getting rid of them from the house. Will this be an issue?
Tiggers said:
Sorry to hear about your mum.
You'll be able to get them out when necessary but Worst case you would have to get a Court Order (and then bailiff) if they don't do the decent thing and vacate when you ask them to leave.
Be there regularly, keep an eye to them trying to put down roots and nip it soon as. When the time comes, don't bother with a court order, bailiff and so on, it'll take you bloody forever.You'll be able to get them out when necessary but Worst case you would have to get a Court Order (and then bailiff) if they don't do the decent thing and vacate when you ask them to leave.
If you have support to pick him up and move him out, do this and mean it.
Vincefox said:
Be there regularly, keep an eye to them trying to put down roots and nip it soon as. When the time comes, don't bother with a court order, bailiff and so on, it'll take you bloody forever.
If you have support to pick him up and move him out, do this and mean it.
If you do this without a Court Order, you risk the very expensive consequences of an unlawful eviction contrary to the Protection from Eviction Act. The last one of these I did cost the Defendant a lot of money!If you have support to pick him up and move him out, do this and mean it.
dazwalsh said:
Perhaps I'm looking at this a bit too simple but cant whoever inherits the house can call the police and remove any trespassers? No agreement of any kind in place and as it's a residential property squatters rights don't exist.
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. At least put it in writing to your niece that she is welcome to stay there for the time being, as she is family, but it can't become a permanent arrangement (time has a habit of rushing by without realising) and that there is no intention to create any form of tenancy arrangement, or rights, for herself and/or any others who she may invite to stay with her.
It's not legally watertight but it will clearly evidence your intentions at a particular point in time (now) in the event that legal action ever become necessary. Everybody thinks it will all be ok in their case but there's a lot of disputes over property and who should be living there.
It's not legally watertight but it will clearly evidence your intentions at a particular point in time (now) in the event that legal action ever become necessary. Everybody thinks it will all be ok in their case but there's a lot of disputes over property and who should be living there.
tubbinthug said:
Bit of a long story, so apologies, but could do with some advice.
My Mum has teminal cancer, and is now bed ridden. She has moved into the front room of my brothers house, and my Niece has moved in to my mum's house to keep it occupied. However Niece's boyfriend is spending most nights with her at my Mum's house. He's 12 years older than her, has significant debts from gambling and when he's not at my mum's, he lives with his Mum. My concern is that when my Mum passes away, we will have problems getting rid of them from the house. Will this be an issue?
This needs nipping in the bud ASAP.My Mum has teminal cancer, and is now bed ridden. She has moved into the front room of my brothers house, and my Niece has moved in to my mum's house to keep it occupied. However Niece's boyfriend is spending most nights with her at my Mum's house. He's 12 years older than her, has significant debts from gambling and when he's not at my mum's, he lives with his Mum. My concern is that when my Mum passes away, we will have problems getting rid of them from the house. Will this be an issue?
I'd be making sure he fully understood that he wasn't welcome to stay over night and, ideally, you want her out of there as well.
If she's sharing her life with a loser like that...
tubbinthug said:
Thanks for the responses. Theres no contract in place at all. Niece is a beneficiary in Mum's will, so won't get her share unless the house is sold, but concern is he'll be getting stuck in there and it'll be tough to shift him back out.
Not knowing what he is like, it could be a hassle getting him out when the time comes but it is possible. In these circumstances I have seen some strange defences to possession claims but usually they get knocked on the head pretty quickly.Tiggers said:
If you do this without a Court Order, you risk the very expensive consequences of an unlawful eviction contrary to the Protection from Eviction Act. The last one of these I did cost the Defendant a lot of money!
If you do it with enough force this won't be an issue as they will be too scared 
.Sometimes violence can solve all problems!
You're right to anticipate problems before they get too bad. If you want to be able to run your mother's affairs properly/legally when/if she cannot, you need to have Lasting Power of Attorney. Then you can run the house as she would. So my advice is consider getting an LPA drawn up now, if she's capable, and it can be registered (ie activated so you have control) when required. Good luck.
tubbinthug said:
Thanks for the responses. Theres no contract in place at all. Niece is a beneficiary in Mum's will, so won't get her share unless the house is sold, but concern is he'll be getting stuck in there and it'll be tough to shift him back out.
Get one. Off the internet if you have to. Get your mum to sign it and get the niece to sign it. Make it clear she is a lodger. Ensure you have complied with the legal requirements to ensure it is enforceable too.
Jasandjules said:
Get one. Off the internet if you have to. Get your mum to sign it and get the niece to sign it. Make it clear she is a lodger.
Ensure you have complied with the legal requirements to ensure it is enforceable too.
Got a funny feeling a lodger is not allowed access to all of property, etc, in order to prevent unscrupulous landlords getting tenants with no tenant rights. Either way you are right - get something in writing.Ensure you have complied with the legal requirements to ensure it is enforceable too.
Gassing Station | Homes, Gardens and DIY | Top of Page | What's New | My Stuff