Evicting someone from a home who doesn't pay rent, help please?

[IvyLovesWales]

Can I get some advice on asking someone to leave a house they have lived in for years but have never paid a penny in rent, and they also don't have a tenancy agreement.

Relative A lives in this house rent free, the house was bought by another relative and they were told they could live rent free until the end of their years. A has lived in this house with no issues for years and years, but unfortunately Person A now needs to go into care as they can't live at home anymore due to age and health reasons.

Person B moved into the home several years after the relative bought the house without permission from the actual homeowner, and has never paid a penny in rent. Person A has gone along with it and the relative has to in order to keep Person A happy.

Person B will not move out of the house despite being asked to several times over the years, they blackmail Person A to say they will leave to if they have to leave. As this upsets A, the owner has let it lie. The house is in a disgusting state, is full of rubbish and this person makes things very difficult and becomes very hostile with other family members who want it cleaned up and rubbish removed.

Where does the homeowner stand with getting Person B to leave the house. There is no rent book, no rent has ever been paid by B and they have no rights over the house.

Is it as simple as writing a letter giving 1 months notice and then change the locks, or will an eviction notice have to be issued. The homeowner is elderly themselves and really don't want the hassle, but this house needs to be sold when Person A goes into care.

Have you posted about this before?

If person B is a partner or child, could they claim they were dependent on A?

If they have no tenancy, I don't see how you can evict them via legal methods, I would speak to an expert about it.

Best best to look on- line at Citizens Advice website and have a read. You will need to know when they first moved in ie the date.

Then phone Citizens Advice if you are not sure. Its going to be complicated.

If Person A has an agreement with the owner that they can live in the property free of charge, they are essentially a licensed occupier without statutory security and the law as it applies to notice and eviction with regard to ASTs doesn’t apply.

Person B has even fewer rights - their agreement is with Person A and not the owner of the property, which makes them in effect a lodger. They can be evicted by giving “reasonable notice” - a month would be kind - that they need to leave, and locks changed thereafter. No court order is needed, but Person A is going to need to toughen up and stop letting themselves be blackmailed.

Thanks for the replies, I haven't posted about this before.

Person A is very elderly and frail, she is clearly scared of Person B and the family are doing their very best to help her, but B won't leave her on her own for family to talk to her. The owner of the house is more than happy for A to live in the house, always has been, it's just that they can't cope there anymore.

It is what I thought that a notice letter will suffice and then locks changed if B won't go. Hasn't quite come to that yet, but is definitely on the cards.

Are A and B related? What year did A move in and what year did B move in? Prior to B moving in was the property kept in a good condition? Who paid for the maintenance like painting the exterior etc? Presumably this property is B's only home, and they live there permanently?

@IvyLovesWales the reason I ask is because its relevant to the answer. The penalty for illegal eviction, which what you are proposing could be, can be around 20k and upwards. You need to answer the questions or get advice from a specialist housing solicitor.

I think you need to contact Social Services in the first instance to report your concerns of suspected exploitation.

You really need to get proper advice first. This is more complicated than it appears. I would suggesr you do not make life hard for yourself by making the wrong first move. Proper advice can be free.