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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hoping that you can assist. My mum is looking to

Resolved Question:

Hi,
Hoping that you can assist.
My mum is looking to sell her house in order to downsize but my brother (age 48) still lives at home and has done for the last 16 years. Whilst we would hope that he would leave willingly, he has said in the past that he 'knows his rights and won't be going anywhere'. He is unemployed and contributes nothing financially to the house but does provide some intermittent, limited care for her. She has offered to help him get his own place to rent by providing a deposit and rent for one year but so far this has come to nothing. We plan on talking to him again so that my mum can start planning her move (she has an offer on the property) and hope that we can work something out. However, if he refuses to go, then sadly my mum might need to look at eviction.
What I'm trying to understand is what rights he has? Is eviction possible and if so, how long a process is it? Is there anything else we need to consider other than the damage it will do to relationships.
Thanks in advance for any help.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
Has he ever paid the mortgage or put a deposit towards this house?
Customer: replied 2 years ago.
Hi,No, he has paid nothing in terms of rent, mortgage or deposit.Thanks
Expert:  Ash replied 2 years ago.
Then you don't need to worry, he can't stop you selling. There is no legal interest, he can't prevent you.
There is no legal reason he can stop you.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.
Hi Alex,Thanks for clarifying.So, does the same apply from the perspective of getting him to leave the house? If he refuses to leave peacefully is eviction the only alternative? If so, how long does this sort of process normally take! Does he have any additional rights in this situation?Thanks
Expert:  Ash replied 2 years ago.
Yes she can just throw him out if she wants. He can't do anything whatsoever.
Does that help?
Alex
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Hi Alex,Yes, it does...although I was expecting it to be a lot more complex to get him out if we have to!Thanks for your help.