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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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My 83 year old mother has looked after my 57 year old brother

Customer Question

My 83 year old mother has looked after my 57 year old brother for the last 15 years. He has never paid any rent nor had any income. Last year he started to demolish my mother's flat. No internal walls or ceilings remain and the external walls now consist of just one skin of bricks. In late April, I have removed my mother for her own safety and have at long last cajoled the local mental health services into giving my brother an initial assessment. On the 1st June my mother served my brother with written, signed notice to quit on or before today, Monday 29 June 2015.
Builders are on standby to go in and repair the flat. I have been advised that my brother now has no legal right to continue living at my mother's flat and that we should simply remove him and change the locks: no court order is necessary. Is this correct?
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

How do you intend to remove him from the property?
Customer: replied 2 years ago.

Legally: perhaps you could comment. With luck, when he is out, change the locks. I live 120 miles away. Should add that when I visited last week he had circa ten down-and-outs in the flat, apparently two of which have been sleeping there too for a few weeks.

Expert:  UKSolicitorJA replied 2 years ago.
Thank you.

You should not use force against him as that would be a criminal matter, the ideal way of doing it is to change the locks when he is out and making sure he gets all his personal belongings back.

He is not a tenant and does not have tenant rights. However, I am not sure he can be classed as a lodger anymore as your mother is no longer living at the property but this is the best way of looking at it.

He is also not a squatter as he originally entered the property with your mother's permission.

Hope this helps
UKSolicitorJA and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you.

Expert:  UKSolicitorJA replied 2 years ago.
Welcome and thank you for the good feedback.