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Vineet S
Vineet S,
Category: Property Law
Satisfied Customers: 4245
Experience:  Freelance Solicitor at Self Employed
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I am dealing with an Estate where the Deceased had a live in

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I am dealing with an Estate where the Deceased had a live in carer.The carer has lived in the basement flat since about 2010 as a permanent live in carer. Her occupation of the flat was part of the agreement with the deceased and she lives there rent free. There is a separate front door to the basement with an internal stairwell into main house. She paid nothing towards utilities and has paid nothing since the deceased passed. The executor has been paying the council tax since the deceased passed although it seems that the carer has recently opened an account in her own right. with Lambeth. Paying her own council tax.It seems that the executor has tried to access the property a couple of times and every time the carer calls the police and they tell the executor that he cannot access the property while she is there.Questions are: -1) Can she prevent access to the property as a whole?
2) what is the process of getting her out?

Welcome to Just Answer, I am a solicitor in England and Wales and I will be dealing with your case today. Please note, Just Answer is an information sharing platform in a Q/A format and does not provide legal representation in any form and as such no legal lawyer/client relationship is formed.

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I will go through your question and will get back to you with my answer shortly.

Hi there,

Live-in carer rights to stay in the person's home will depend on the arrangement the carer have with the person who he/she was caring . If carer was paying  rent and have a formal agreement to stay,  then the carer will classed as a common law tenant.

However, if the carer was not paying rent and in the absence of any agreement , then the carer would be deemed as excluded occupant , and can be evicted by giving a reasonable notice for leaving , a 30 days notice would be deemed to be reasonable. there is not a need to get court orders for evicting an excluded occupant, If the carer fails to move out, then carer be peacefully evicted by changing the locks when carer is not around.

Carer can not stop you accessing the whole property, however, if the carer is calling police every time you visit the property, then you should serve a notice of leaving on this carer by giving him/her reasonable time to move out, only after the expiry of the notice, you should visit the property with copy of your notice given to the carer  and furthermore, it is a civil matter , police should not be getting involved in this issue.

Being the executor it is your responsibility to deal with the estate and access the property.

If you need further assistance, please let me know.

In the meantime, thank you for using Just Answers. Best wishes.

Customer: replied 5 days ago.
Thank you so much for your advice it is greatly appreciated. Can you please advise whether the notice has to be in a particular format or just reasonable notice?

It needs to be 6-A form

You can use the below attached template.

Best wishes.

Customer: replied 5 days ago.
Hi again - sorry I thought you advised that if there was no formal tenancy we would just need to give reasonable notice and we were wondering if there was a template/pro-forma form for that as the carer does not have a tenancy and the form 6A appears to relate to AST agreements

Please ignore the above message and the form provided, It is for different chat answer.

In  your case there is no tenancy agreement, and the occupant is not a tenant.

You do not need a formal eviction notice that needs to be given to the carer.

You need to mention that being the executor, you hereby give him/her notice that you require them to vacate the property by ......

,Mention that you do not need a court order to obtain possession of the property.

If the carer is  unsure about the contents of this notice  then he/she should seek independent legal advice.

Thank you. Best wishes.

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