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Stuart J
Stuart J, Property Solicitor
Category: Property Law
Satisfied Customers: 24559
Experience:  Senior Partner at Berkson Wallace
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We have a problem at my Mother's house where an ex-carer is

Customer Question

Hello. We have a problem at my Mother's house where an ex-carer is delaying her departure.
JA: Where are you? It matters because laws vary by location.
Customer: In London Borough of Bromley.
JA: What steps have you taken so far?
Customer: It is a rather long and complicated story. This carer, call her Mrs A, was diagnosed with a brain tumour in late May 2021 when she was a live-in carer for my 97 year-old Mother. She had been caring for my Mother all through lockdown so we offered for her to stay in the house wjilst she under went treatment. I will carry on in a moment.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Hrs A has been joined by her son from Germany, and although they were given a deadline of departing by last Friday 3rd September, he apparently has tested positive for Covid last Monday so the departure date has been "ignored" because of their new circumstances.
Submitted: 11 days ago.
Category: Property Law
Expert:  Stuart J replied 10 days ago.

Hello. Thank you for the question. It is my pleasure to assist your with this today.

Please bear with me and I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

Does this 'carer' have any sort of tenancy agreement?

do you know for sure that she has a tumour and he has covid?

has she been difficult in past dealings?

Customer: replied 10 days ago.
The ex-carer (as there is a replacement live-in carer) does not have a Tenancy Agreement. She and I have signed a single A4 sized document asking her to stay out of the domestic, caring and organisational activities in the house, and that we agreed she could continue to stay in my Mother's house until her medical condition was sorted. At that time we did not know her diagnosis. This has subsequently been confirmed as an inoperable brain tumour along with lung cancer. She has had radio=therapy and as a result she has lost her very full head of hair. She is the kind of person who finds it very difficult to stay away from domestic operations, especially when she has being doing them for the last 18 months or so, so yes she has been difficult in the past.
We only have his word for the fact that he has been pinged as a possible contact from someone with Covid.
Expert:  Stuart J replied 10 days ago.

Obviously, if she has tested positive she cannot move until she tests negative and thereafter another 10 days so she can only delay it for a certain period of time.  That’s the ethical situation, legally she actually has no right to stay in the property for the reasons I will give you below

If the carer didn’t pay rent, then she has no more than a lodger and you can actually simply walk out.  Even if she did pay rent, she would still be excluded occupier and is only entitled to notice which is the same as how often she pays rent, monthly or weekly.

After that, you can then lock her out provided you give her her belongings back.

When you say a lodger, I assume that you live in the same property.  If that’s the case, then you need to give him one month notice which does not necessarily have to be in writing but it’s better if it is.

Provided he shares some facilities, kitchen, bathroom, lounge, whatever, and his accommodation is not self-contained, then you do not need a court order to get him out and when the notice has expired, you can simply lock him out provided you give him his belongings back.

Here it is from the government website.

Thank you for letting me assist you with your legal question.  I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards

Customer: replied 10 days ago.
Thank you for your reply.
Firstly, I must correct you in that it is not the ex-carer who was pinged but her son, and his self-isolation period expires on Wednesday 8th September 2021.
As far as the rent is concerned, we only charged her a nominal £15.00/day from the time she came out of hospital (Weds 9th June 2021) to the end of August. This was to cover food, electricity, water etc.
I do not live in the same property - the property is my Mother's house, and at present the following people live there:-
My Mother
The current live-in carer
The ex live-in carer
Her son.
It is not possible to lock them out as at present, they don't leave the house because of the son's isolation period.
They all share the same facilities and the accommodation is not self-contained.
Unless they voluntarily leave the house, then there is no opportunity to lock them both out, and at present the ex-carer has a set of keys to the property.
I have given them an extension so they must depart by 5pm this Thursday 9th September 2021.
Expert:  Stuart J replied 10 days ago.

Is my pleasure.  The carer is entitled to have whatever guests she likes in the property and the sun is obviously a guest.

If she pays rent she is entitled to notice (doesn’t have to be booked better in writing) which is the same as the rent payment period.  However you say it was to cover food electricity water but you say it was rent.  It was one or the other.

Your mother is in effect the landlord therefore all the paperwork needs to be in her name.  Unless you have power-of-attorney of your mother’s affairs in which case you could do it.

Customer: replied 10 days ago.
OK thanks.
Why is the carer entitled to have guests when it is not her property? Have you misunderstood who is who in the property? The son is a guest of my Mother's as she hoped that the son by being there would help with his mother, the ex-carer, to get to a care home or hospice.
We just called it "rent" or we could have called it a contribution to the running costs of the house, but "rent" was easier.
Yes my Mother is the landlord and I do have an ELA in place.
Expert:  Stuart J replied 10 days ago.

She is entitled to have guests in the property because she lives there.  Tenants have guests in property all the time.

Your mother would be entitled to exclude the guest if he is guest but the carer would be entitled to invite him back in.