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Jamie-Law
Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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My mother owns her house and is mortgage free. My brother

Resolved Question:

My mother owns her house and is mortgage free. My brother moved in 3 years ago and despite my mothers wishes refuses to leave. There is no tennancy contract between them what so ever and he does not pay rent. I would like to know what the legal position would be when the house is sold. As far as i can see he is not a sitting tennant or in possession of an ast so i would assume that when the sale conpletes he would be obliged to leave. Pleaae can someone confirm
Thankyou
Marek
Submitted: 10 months ago.
Category: Law
Expert:  Jamie-Law replied 10 months ago.

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

How old is he please?

Customer: replied 10 months ago.
44
Expert:  Jamie-Law replied 10 months ago.

Ok. All she needs to go is give him written notice to leave. Then if he refuses she can just change the locks.

He is not a tenant, he has no right whatsoever to be there.

But she needs to give him notice first and then change the locks if he does not go.

Can I clarify anything for you about this today please?

Customer: replied 10 months ago.
Thats great thanks. Is there any particular wording that should be used ans i assume it has to be in writing
Expert:  Jamie-Law replied 10 months ago.

No. Just words to the effect are that you have been staying here at my goodwill. You are given notice that you are required to move out by (28 days notice). Otherwise I will seek to evict you.

That is really it. Does that assist?

Customer: replied 10 months ago.
It does. Lastly does the sale have to be at any particular stage before the notice can be issued or can it be at any point in time
Expert:  Jamie-Law replied 10 months ago.

Any time whenever is convenient

Does that help?

Customer: replied 10 months ago.
almost what happens with his possessions if the locks are changed?
Expert:  Jamie-Law replied 10 months ago.

She needs to keep them and give notice she will hold for 30 days.
He needs to collect during that period. After that period she can dispose of them

Does that clarify?

Customer: replied 10 months ago.
perfect thankyou very much indeed
Expert:  Jamie-Law replied 10 months ago.

If I could ask you to rate my answer before you go today, otherwise the site does not pay me for the time spent with you today. Thank you in advance and good luck!

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