Right To Remain In A House

[Hughie7907]

35 year old nephew lives with my 88 year old mother. Pays no rent or anything. Mother may have to go into care. We will have to sell house to cover fees. Nephew says we will not be able to do so and we cannot make him leave. Is he correct ?

[ukbod2015]

He has no title or deeds on the property so hasnt a leg to stand on - i`m sure New Judge will agree when he next comes online. He`s had his freebies tell him he needs to start looking for a new home.

[Davemano]

Greater minds than mine will given better advice, but just out of interest, when my brother-in-law died leaving a wife in their house, and three grown children own houses, the wife was advised to sign over that property to the children. In this way it protected any subsequent care home forcing the sale of the house to cover living costs - that if she was to go into care.

[woofgang]

Davemano, that was bad advice. If that is done with the intention of avoiding care fees then the council can disregard the sign over when assessing the persons assets.
http://www.payingforcare.org/deprivation-of-assets

[woofgang]

Oh by the way, as the link says, they don't "force" the sale of the house, but they can take the value of the house into account when summing up the person's assets and how much (if any) council contribution they may be entitled to. Where there is a valid reason why the house cannot be sold then the council may agree to contribute to the care and to place a lien on the property and claw back their outgoings when the house can be sold.

[murraymints]

NOPE..START PACKING !

[ubasses]

Unless he has officially been her carer while he has been living there, the answer is no, only people that can remain in property need to be over 60 or under 18 and dependant on home owner.

[Peter Pedant]

been reading around this

He is saying [I think} that you cant move him because he has exclusive possession under a licence from his (g)mother

you arent his mother so you cant terminate it - but she could

Also what rights to her house do you have ?
Surely she has to sell and not you ?
unless you have power of attorney in which case you can terminate any licence and boot him out

I think you may need advice - he is also gonna say he is dependent on her and so has a reasonable expectation ....

[ in actual fact I thnk ou should send in the alsatians ]

[Davemano]

woofgang - have only just found your comments, but was just making a point of what took place and was done by a solicitor. The property was put into Trust for the family. I said 'JUST OUT OF INTEREST' to give food for thought as the action taken was carried quite legally. What costs etc were accrued I do not know.

[Peter Pedant]

D/M your factsa re I think distinguished in that the widow was not demented when she made over the house to the children

whereas Hughies is ( or obviously already needing care ) in which case the inference is open ( that there has been t/f to avoid costs )

IN this case we kinda have a cuckoo who is refusing to leave the nest
and is obviously gonna have to be dislodged ....

[woofgang]

Dm the action is entirely legal. The bad advice lies in your next bit
"In this way it protected any subsequent care home forcing the sale of the house to cover living costs - that if she was to go into care." This is called deprivation of assets and CAN entitle the council to take the value of the house into account when calculating what someone's assets are. Its a minor point but its not the care home who will force the sale of the house unless the person is self funding and ends up owing the care home money. In that case they can pursue the debt like any other business.
The two key points which the council are interested in are intent and forseeability (is there such a word?)
Its all explained clearly in the link which I posted.

PP, the quote below covers intent. I think that councils are becoming hotter on this due to the increase in demands for funding and the decrease of their own funds. The last sentence is particularly important!
"If these (questions) indicate the property was given away to avoid paying for care, your local authority will treat it as if you still owned it. It would then add the value of the property to your other assets and no funding would be available until this had been sufficiently depleted by care home fees to fall below the means test limit.

There are no time limits on how far a local authority can go back when considering deprivation of assets."

[Davemano]

PP Yes to your first paragraph.
woofgang - Obviously I didn't word my comment very well but was simply relating things as I understood them and giving food for thought, if required. I was not advising, but stating what had taken place. The main topic of this is the nephew, and the first line of my comment did say that greater minds than mine would give better advice, any your posting should also give food for thought.

[lcg]

he doesn't have a tenancy, so may be a lodger (even if he pays no rent) - lodgers have no rights!!!! he may also claim that he is a dependent - but they need to be spouses or children......and he is neither. he does not have a leg to stand on and you can hoof him out at the first opportunity. tell him to go and see a lawyer (i bet he cannot afford one and he will get no legal aid), or simply wait until he leaves the property to get food/go out and get in there and change the locks. and take a polaroid for us all to see his face. that would be nice! anyways, the upshot is, whatever story he comes up with will not be worth the loo paper it is written on and he has no right to stay in the house. as such, you can get in there, change the locks and call the police if he attempts to get back in - and press charges if he damages or takes anything. take photos of all properties before doing anything so you have proof of what is in the house and try to cover as many bases as you can. good luck x

[Retrochic]

If only it was that easy to 'hoof him out' You have to go through the same legal process as you would a squatter.

[themas]

He is an "excluded occupier". Look here:

http://england.shelter.org.uk/get_advice/eviction/eviction_of_private_tenants/eviction_of_excluded_occupiers

He can be evicted on reasonable notice without a Court order