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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Property Law
Satisfied Customers: 7971
Experience:  Dual qualified Solicitor and Attorney
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Our mother has been diagnosed with a terminal breast cancer

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Hello. Our mother has been diagnosed with a terminal breast cancer diagnosis in January. She has lived in a council property in her name for over 30years. Over that time she has asked her daughter and husband to find their own home but that will not leave. They pay no rent or contribute to my mother's home. At this stage our mother would like her home to herself and has a package of care from the royal marsden hospital. She has served the couple with a notice of eviction with 30days notice. They have been advised to leave by 19th May 2021. My mother's daughter refuses to leave. My mother would like to consider a court order as she currently is living out of her own accommodation as advised by the safeguarding team until the matter is resolved.
JA: Where is this? It matters because laws vary by location.
Customer: Greater London. Carshalton
JA: What steps have been taken so far?
Customer: We have served a notice of eviction in writing done by a solicitor
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 10 days ago.
I can wait. No problem.

Hi thank you for your message, please note that I will look to provide an accurate but nevertheless speedy reply to your inquiry. That said, whilst I endeavour to provide a fast response, responses may not be immediate as this is a question and answer service not an instant chat service.

I am sorry to hear about your mothers condition. So to be absolutely sure, neither of them is renting from your mother? They do not pay rent and have not got tenancy agreements. They just stay there because until now your mother has allowed this to happen?

Jeremy Aldermartin, Solicitor
Category: Property Law
Satisfied Customers: 7971
Experience: Dual qualified Solicitor and Attorney
Jeremy Aldermartin and other Property Law Specialists are ready to help you
Customer: replied 9 days ago.
Neither of them rent or pay my mother. My mother has been a secure council tenant for more than 30 years. She is the named tenant on her contract with the council. No written agreement for the couple to stay with my mother. I wonder if the couple would be classed as excluded occupiers? Yes they just stay there as my mother allowed it but frequently asked them to leave.

Thank you for your time on the phone as explained, you should speak to them again with a view to asking them to leave the property as they only have licences. I would wait until you have the power of attorney (POA) back from the Office of the Public Guardian (OPG). At that point, I recommend you also contact the police on the non-emergency 101 number to ask the police to escort them from the premises. You should also get the locks changed. I trust this assists you in understanding your position however, should you have any supplementary inquiries, do not hesitate to ask and I will look to  clarify or expand on my previous response.

I thank you for visiting the website and for the opportunity to assist you with your inquiry. If you have further questions, inquiries or queries let me know post haste and I will attempt to answer them. Otherwise I bid you a good day

Customer: replied 9 days ago.
Hi Jeremy. Apologies for the call dropping. The phone battery died. Yes the information you provided is very useful and we now have clarity on how to help our mother. Thankyou again

I understand, I am glad to have been of assistance. Take care.