Family property issue

[Advice1110]

For the past 5 years my dad and sibling collect rent from their respective houses, whilst they live in my house. I live away, paying my rent and the mortgage for the house they live in.
My sibling has a job and collects their rent, and their partner works earning a good salary.
My sibling`s house was gifted by the dad. And has been given £50k as gift in addition to the house.

They refuse to leave and tell me AIBU. I want to sell the house and need the money. There has never been a rental agreement made.

You serve a section 21st then go down the legal route if they refuse to leave.

If they are refusing to leave then i guess you are going to have to take legal advice. I've evicted someone who trashed my house and didnt pay rent but thankfully i had a rental agreement with them. It was tricky enough anyway as I had to show the judge that I'd done certain things in the process. eg given written notice, shared information about the deposit protection scheme etc etc.

if you have no agreement then i think it could be tricky.....but maybe i'm being pessimistic.

op why are you letting them treat you like this??!
🥾 Give them the boot . . yesterday!

Please ignore all the people who say just boot them out and throw their possessions on the pavement etc etc. You may end up in deep shit. They can claim certain damages against you. For example, they could claim for any possessions you damage.

Yep, you need to serve them a section 21 with a firm date for getting out. You also need to make it clear they'll be liable for any damage incurred and you will be employing bailiffs to get them out if necessary.

It might cost you a few pennies but trust me op you need to do it.

Actually, thinking about this a bit more (and this is why you need legal advice), aren't they lodgers (who arent paying rent, granted) as you are also 'living' in the house. So dont they come under a different set of legal rules to those that apply to renting out a whole property. I think they normally are much easier to remove. I dont thin k section 21 applies to them.....but i'm no legal guru, ive just had to evict a few people for non payment of rent.

They're not tenants though, they're not paying any rent. The OP is just letting them live there.

You're getting some dodgy advice here. Try moving the thread to the legal forum.

Let me guess op, these two have dominated and exploited you all your life, you've been ground down and have lost sight of what's right and fair?

Call the police if they won’t leave. They have no right what so ever to be there.

The best course is to talk to a solicitor about it and explain to them the whole situation so that they can give you appropriate advice.

Can I ask, do you live at your home as well as them? Or do they have sole occupancy of your house?

Or were you at least living in the home when they first moved in? If so and you now move back in then you will be a resident landlord sharing living accommodation (kitchen, bathroom etc).

It sounds as if they likely have a licence to occupy the home from you (you initially gave them permission to live there).

You will need to give notice in order to terminate their licence.

If you move back into the house then you will be a resident landlord and it will be easier to get rid of them, but I appreciate that you may well not want to have to share a house with them.

So, get in touch with a local firm of solicitors and ask to speak to somebody in their landlord & tenant department. Explain the situation to them (I think it likely that your dad and sibling will have a licence to occupy) and they will explain how to get them out.

If they are not paying you any rent for your house then it will be very straightforward to get them out but do please speak to a solicitor to make sure that you do it properly.

Just to add, this was my first thought as well. I wish you luck OP.