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Joshua
Joshua, Lawyer
Category: Family Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My 60 year old son has been living with me years. I offered

Resolved Question:

My 60 year old son has been living with me for 3 years. I offered him a roof over his head and food when he lost his job. He gives me £100 a month for food now he is working, I don't want him living with me for good. How can I make him leave,hopefully, pleasantly.
Submitted: 1 year ago.
Category: Family Law
Expert:  Joshua replied 1 year ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

May I ask if you have discussed him leaving your home to date and if so what was his response please?
Customer: replied 1 year ago.

In an arugment I said he should leave, his response was that I would need him when I was old and incapable, and that I couldn't get him out.

Expert:  Joshua replied 1 year ago.
Thank you very much for the above. Based on what you say because he shares occupation with you and pays no rent but rather just pays towards some outgoings he is an excluded occupier or"licensee". This means he has no right to contiue to occupy the property after you give him notice to leave.If he will not leave voluntarily you are required to give him reasonable notice to leave but what is reasonable can take into account his behaviour. You must serve him notice in writing and keep a copy for your records. It does not matter if he tears it up so long as you give it to him and keep a copy. Normally the amount of notice you should provide would be 28 under the Protection Against Eviction Act however in the event he claims that the moneyhe pays you is rent it may be sensible to give him a full clear months notice expiring the day before he customarily pays you money each month - e.g. if he pays you on the 1st of each month normally you could give him notice to leave on 30th June being a month notice falling the before he pays you normally.Once the date has past, if he has not left by that date the simplest way to deal with the position is to refuse to allow him back into the house after he goes out. If you cannot secure the property from the inside you may need to have a locksmith change the locks while he is out. If you believe he will cause a scene when he returns or use violence you can call the police ahead of time when you expect him to return on the basis that you expect a breach of the peace. You will need to explain to them that he is an excluded occupier who does not pay rent and you have given him written notice to leave and he has refused and he is therefore a trespasser and you do not wish to allow him back into your property. The police should support you and instruct him to leave your property. You must return his things which you can either do at a time and place by agreement or under the supervision of the police. Do not allow him back into the home other than under police supervision if you follow this approach.If you require additional support the councils social services department have and adult abuse team specialising in supporting adults who are subject to abuse or are vunerable and the police also have specialist liason officers who assist with cunerable adult abuse. If you feel you need additional support consider contacting them for further assistance.I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
Joshua, Lawyer
Category: Family Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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