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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 34121
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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i live in a house that belonged to my husband and me. Before

Customer Question

i live in a house that belonged to my husband and me.
Before he died we put it into both of our sons names.
One of my sons does not speak to me,but keeps trying to evict me from the house by putting different notices through the door.
The latest a Housing Act 1988,section 21 (1) (b) notice signed by him.
This upsets me and my other son,as the verbal agreement was for me to stay there until i pass.
Can he do this to me.
Submitted: 3 years ago.
Category: Property Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question
My name is Clare
I shall do my best to help you but I need some further information first.
Who actually lives in the property and has your son made it plain to his brother that he is happy for you to live there?
Clare
Customer: replied 3 years ago.
I live in the property by myself and both my sons live in there own separate houses. My other son has made it clear that he is happy for me to stay in the house so the brothers do not talk to each other either.
Expert:  Clare replied 3 years ago.
Hi
When did the Transfer take place?
clare
Customer: replied 3 years ago.
About 7 years ago
Expert:  Clare replied 3 years ago.
Hi
So the house was transferred into their names on the basis that you and your husband would live there for the rest of your lives?
Aside form serving notices has your son taken ant other action?
Clare
Customer: replied 3 years ago.

just letters and phone calls demanding i vacate the house.

Expert:  Clare replied 3 years ago.
Hi
How often does that happen?
Clare
Customer: replied 3 years ago.
Every 4-5 months
Expert:  Clare replied 3 years ago.
Hi
Are you willing to involve the police?
Clare
Customer: replied 3 years ago.

not if i can help it.

Expert:  Clare replied 3 years ago.
Hi
I feared that would be the case.
The problem is that the most effective way of dealing with the problem is to ask the Police to give him a Warning that if he continues to harass you then he could be arrested.
Without that then your only option is to get a solicitor to write to him and warn him that if he continues to do this then you will have no option but to report the matter to the Police
The Solicitor can also point out that you have the Equitable right to remain in the property and will if necessary seek a Court Order confirming this - and claim costs
I hope that this is of assistance - please ask if you need further details
Clare

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