Tenant doesn't want to move- help!

[Supermagicsmile]

I rent my flat out to my brother (nothing formal, he only pays the minimum as he's barely more than a student on a low wage and I still cover bills, tv license, council tax etc.)

I need to sell it and he doesn't want me to. It's an awful mess and will need hours of work to get right even for a for a valuation.

Where do I stand legally in terms of making him get it fit for sale or letting me do it? I am more than happy to do all the work but he's saying no.

I am happy for him to still live in it etc but he doesn't want me to sell and has said he will make it difficult (so not tidying and cleaning etc.) In its current state i think it would be valued at thousands less as it's awful. He says I'm unkind for making him move as he has no where to go and loves it but we need to sell it to use as a deposit for our own house.
He knew it was the case right from day 1 but now it's rolled around 3 years later he's not happy.
Any advice?

If you want to do any work on the flat and he's refusing you're going to have to evict him formally through the courts then do the work.

We don't have any sort of agreement and he's my brother! Surely it's not going to come to that!

You will need to evict him in order to be able to sell. Any competent solicitor will advise their client not to exchange contracts until the property is confirmed vacant - otherwise the eviction becomes the buyer's problem. So you need to serve the appropriate notice and go to court if necessary to get him evicted. There is no alternative other than acquiescing to let him stay, and not selling.

He is the one forcing you to take it through the courts. He's being very unfair if you've given him a good deal for this long. People always say not to rent to family or friends - this is proving that point.

Agree the correct way is likely court, even without an ast you have taken money and given keys that would suggest an agreement.

If that was done as a lodger and the property was your main residence then you are ok to ask to leave and if they don't you can call police to remove.

Sounds like you have been living elsewhere though.

You do have an agreement money in exchange for living their. He still has tenant rights even though your family and you don't have a written contract.

Your brother has a n assured shorthold tenancy by default as presumably there is no written tenancy agreement. You need to serve a s21 notice in the prescribed form. This gives at least 2 months notice. You can find a sample form from gov. website. If he does not move out by the end date on the notice you can apply to court for a possession order. I think its form N5. Available online from the courts website.if he does not give possession on the prescribed date you will need to apply for a warrant of possession. Once granted a date for eviction is set. Bailiffs will then be used to remove him from the property on the new prescribed date and you will need to arrange a lock change at the same time the bailiffs attend. If there is gas at the property you could run into problems if you do not have a gas safety certificate for the property so you need to get this done now. You also need to provide him with the right to rent booklet from the gov website otherwise you will not succeed in getting a PO. Start the process now as it takes about 5 months from start to finish. £150 please for consult fee lol! You will probably find once you start the process he will realise you are serious, but keep a dialogue with him through the process and try to keep talking telling him each time why you have to do this even though it'll be the 10th time you'll have told him. Could a parent help by mediation?

Forgot to say once the s21 date has passed you can issue through Possession Online. Around £300.

You're the landlord, you can't end the tenancy. Only a bailiff can . As a tenant he has very strong rights despite the crap you read on here.

Section 21 - only valid if you have done all the right paperwork.
On expiry, begin possession procedure £355
If he doesn't go, bailiff £110

Takes up to a year if London and if he stops paying rent, no difference. All costs are down to him but you'll need to issue a separate claim for that.

Can you bribe him into giving notice?

Stop paying/cancel any bills that are in your name that are purely for his benefit e.g. Tv license, Internet etc. As a landlord you're not obliged to pay these so if he wants to play hardball, you have to as well.

Keep paying the council tax, though - if he doesn't the council will summons you as the easy target.

If there is no AST it is arguably more difficult to get him out
If at all possible try and get him out voluntarily

It doesn’t matter if you “don’t have a formal agreement”, legally he’s still your tenant and you’re still his landlord.

As advised you need to serve a section 21 advising him that you intend to regain possession of the property on X date. If he doesn’t move out, you will need to take this to court to request an eviction notice.

You really need to see a lawyer to make sure everything is done exactly to the letter, because even the smallest mistake in the notices will render them invalid by the courts and the whole thing will have to be started again.

specialsubject

the council tax should be in the brothers name if he is the sole/main residence there. The Council will not just go after the landlord as the council tax is not her liability, especially as she pays CTAX elsewhere.

He would have been entitled to claim a council tax reduction based on his low income, so OP has been paying a very unnecessary bill there.

arghh Resident not Residence!

I'm afraid what councils should do and what they actually do are not the same. Mine went after me when the tenant vanished before the bailiff, so I had to pay for a property I could neither use nor access. Fortunately only a few days worth but they were adamant. And yes I pay it on my own home.

One of the councillors fought this to court and still lost.

Sorry to say your brother sounds like a dosser and an arsehole.

Sadly I think if he won’t go voluntarily you’ll need to commence eviction proceedings.

Yes if you take money from him and he can prove it then he has an agreement.
He doesn't have to do anything but put it to the condition it was rented in minus wear and tear when he leaves. He doesn't have to leave until the bailiffs come and the council will tell him to stay in situ or they won't help him, he doesn't have to allow people to come and view. He doesn't have to tidy when they do come as long as he does when he leaves.

You can do the work but you would have to give him notice and it be reasonable. I.E not be there from 7am to 10pm.
Sorry op!

He has no respect or consideration for you - his sister......so stop being a mug/doormat.

If i were you i'd cancel the council tax, tv license and utility bills in your name.....you're just enabling his entitled and selfish attitude.
He needs a reality check so you need to play hardball with him.
He either puts them in his name or services get cut and any debts go against his name/credit score.

stop making living there a cushy experience for him.

he doesn't want me to sell and has said he will make it difficult (so not tidying and cleaning etc.) In its current state i think it would be valued at thousands less as it's awful.

He isn’t being very brotherly so I wouldn’t let that bother you.

He says you are being unkind. He is not happy.
How is he treating you? How do you feel about it?

These are not the actions of a loving brother. He is using you.