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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My daughter who has been threatened with eviction voluntarily

Resolved Question:

My daughter who has been threatened with eviction voluntarily made herself homeless and is now threatening to come and demand that I take her in to my home. I do not want this as she is impossible to deal with. I have already accepted her daughter of 15 into my home along with all of her animals. My Granddaughter pleaded with me to be taken into my home, and has been here for 9months.I do not have any legal rights of care and control.
What can I do to either pre-empt this situation, or to get help once she is standing on my doorstep demanding entry? She is 36 years old and would come under the heading of vulnerable person were she to have ever asked for professional help.
Regards,
Jane.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Has she made a homeless application to the Council yet please?

Customer:

Yes but she has been told that because she made herself homeless instead of waiting for a court order to vacate the premises she is very low down the pecking order of priority of needs.

Alex Watts :

Indeed. You want to know do you have to take her in?

Alex Watts :

Hold old is she please?

Customer:

She is 36.

Alex Watts :

Ok - and you want to know whether legally you have to take her in, is that right?

Customer:

Well yes, but my belief is that I do not have to take her in, and indeed if I did welcome her in I would make my situation difficult in terms of getting her out again!!1I feel very vulnerable and threatened by the situation, and wonder whether a solicitors letter to show to the police if they ever came would assist??The child does not want her mother to come into the house either.

Alex Watts :

You are correct, you dont have a right to take her in

Alex Watts :

If you did you are entitled to get her out at any time with reasonable notice.

Alex Watts :

But its a matter for you. To be honest if she made herself homeless then she should deal with it

Alex Watts :

She can still rent from the private sector and could be entitled to some or all benefit

Alex Watts :

But she does not have to need a Council house, she can do this private

Alex Watts :

There are plenty of properties up for rent

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

I don't want to even be in a position to give reasonable notice.I know that there are plenty of places to rent,but she is continuing to hold on to the hope that her daughter will want to return to be with her. They are undergoing counselling,but that is going nowhere!!She is looking therefore for a two bedroom place, and she is in competition with everyone else, particularly proffessional people,and she comes lower down the pecking order for that.

Alex Watts :

Ok - then you don't need to let her stay

Alex Watts :

You are under no obligation to let her move in

Alex Watts :

You can say no

Alex Watts :

If she turns up you and refuses to leave you can call the Police

Customer:

I need to know if a solicitors letter or any other letter would be of help to show the police. should I inform the police in advance?

Alex Watts :

Yes it would certainly help if you can do that, but there is a cost

Alex Watts :

I would also inform Police of the upcoming potential problem so they can flag it

Alex Watts :

Does that help?

Customer:

She is threatening to set up a tent in the garden!!!

Alex Watts :

She can't

Alex Watts :

You can just get it removed and call the Police

Customer:

What happens if she breaks the door down?

Alex Watts :

Call the Police, its criminal damage

Customer:

Would you say then that I would be best advised to stick to my guns and just refuse, even though she has a 15 year old daughter living in the house??

Alex Watts :

Yes I would refuse. She made her own choice

Customer:

Thank you for your advice.

Alex Watts :

Is there anything else I can help with today?

Customer:

no thank you very much.

Alex Watts :

Great. If I could invite you to rate my answer before you go today. The button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

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