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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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How can We (i.e. my wife & I) remove her son from our house.

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How can We (i.e. my wife & I) remove her son from our house. He is an extremely difficult individual with an anger problem which is mainly vented at my wife. He was recently living with his father who was recently convicted for dugs and firearms offences - receiving a 3 year, 8 month sentence. The result is he is homeless and is "temporarily" living with us. But the atmosphere is extremely bad and we cannot continue to live happily in this way.

He was previously living with us but the police found a cannabis plant on our premises and he received a 'slap on the wrist' for it. He continues to sell cannabis but away from the home.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

How old is he please?
Customer: replied 2 years ago.

He is 18 and 5 months


 

Expert:  Jo C. replied 2 years ago.
Thanks.

Has he ever paid any rent or contributed otherwise please?
Customer: replied 2 years ago.

He's never paid a penny towards his upkeep and treats the place like a hotel - although on this occasion we have not given him a key.

Expert:  Jo C. replied 2 years ago.
Thank you.

In these circumstances, he is really just a guest in your house and you can ask him to leave at any time and if he refuses then that is trespass.

However, I would suggest that you protect yourself by treating him as though he was a lodger and therefore under a licence to occupy.

To get rid of such a person all you need to do is serve written notice upon him that he was required to leave within 28 days.

If he does not go on the date of your notice then he is a trespasser and you can evict him without a court order. I fully understand that you may not want to lay hands upon him although you could use reasonable force to do so but you can just wait until he goes out and when he does change the locks after him and leave his possessions for him to collect.

Hope this helps. Please let me know if you need any more information.

Jo
Customer: replied 2 years ago.

Thanks Jo, this really useful. A couple of further questions:


 


1. The written notice; in what form can this be issued? Does it have to be a signed document or would an email suffice? What is the best method here?


 


2.If he refuses to go, presumably we can then involve the police? If so, would we use the emergency number (999) or the non-emergency (101?). I appreciation this may be out of your field, but this can mean the removal can be dealt with either fast or very slow. what would be your advice.


 


Many thanks.


Bill

Expert:  Jo C. replied 2 years ago.
An e-mail would be fine and it would be capable of proof as well.

The police will not help you evict him. They will say that it is a civil matter.

What I would suggest is just wait until he goes out and then change the locks and if he returns shouting the odds then call the police because that is breach of the peace.
Jo C., Barrister
Category: Law
Satisfied Customers: 69507
Experience: Over 5 years in practice
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Expert:  Jo C. replied 2 years ago.
Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/


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