Meet the Other Phone. Protection built in.

Meet the Other Phone.
Protection built in.

Buy now

Please or to access all these features

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Can a parent evict an adult child?

15 replies

JamieJon1 · 03/11/2024 07:16

My close friend lives in a large cabin built in the garden of their mother’s garden. This is a roughly 35-40sq m cabin or what you’d call a glorified shed because all it has is electricity, it has no running water, gas or sewage connection. The shed has no planning permission. I’ve also checked a thread which talks about, can you live in a shed in the garden (Is it permitted to live in a shed/cabin in your garden?) which clearly states that it can be used as an annex to the main house, but not if it doesn’t have planning permission and definitely not rented out to someone, and definitely not in the family. My friend has no formal tenancy agreement with the mother and also this is because the mother does not want the rent paid into her account because this would actually affect her benefit claim and therefore gets paid into her other child’s account. The mother is threatening my friend with eviction and although there was a period of a couple of months when rent was not paid, this is now being made back up. I’m just curious what the thoughts are here? I see that you cannot get a section 21 eviction notice here because there’s no tenancy agreement and even a section 8 eviction notice to me looks difficult, I’m just curious to see what rights my friend has?

OP posts:
Spendingtoomuchonfood · 03/11/2024 07:23

I hope so. It’s her house/land so she should be able to decide who lives there.

saraclara · 03/11/2024 07:29

No rights at all, given that it's her house and there's no rental agreement.

Why would he want to stay when she wants him out? Presumably he's having to use the main home to cook, shower and use the toilet. It's no way to live if they're not getting on.

ellyo · 03/11/2024 07:30

The question I'd be asking isn't whether the mother can legally evict your friend, but whether your friend wants to be the sort of person who feels entitled to live somewhere she doesn't have legal rights to. Presumably she's old enough to find her own place, I'd encourage her to invest her energy there and move on. It sounds like living on her mother's property isn't doing the relationship any good anyway.

AgreeableDragon · 03/11/2024 07:32

I believe your friend is classed as an exclude occupier because she's renting from a family member.

https://england.shelter.org.uk/professional_resources/legal/renting/tenancy_status_checker

The mother can evict her anytime she likes.

(And the mother is currently defrauding the government by concealing income while claiming benefits)

Shelter icon

Tenancy status checker - Shelter England

Our tenancy status checker can help you to determine what type of tenancy or license an occupier has.

https://england.shelter.org.uk/professional_resources/legal/renting/tenancy_status_checker

DoreenonTill8 · 03/11/2024 07:32

Why on earth would they want to live in a garden shed? If they take a legal route how will they fare if their mum locks the door to them using the house facilities?

TheYearOfSmallThings · 03/11/2024 07:34

Effectively your friend is living in the house with his/her mother, and yes an adult child living at home can be forced to leave.

Bluefields96 · 03/11/2024 07:35

Your friend is not a tenant so has no tenant rights.

Stretching definitions they might be considered a lodger. Lodgers have no rights. Landlord can tell them to leave and the law says they must leave.

Your post sounds as if you/your friend are considering putting pressure on the parent (blackmail) to allow them to remain by denouncing them for having an unlicensed dwelling in the garden or for having worked out some kind of benefits work around. You will have no luck with that. A family member sleeping in the shed and presumbaly using the house bathroom and kitchen would not constitute an unlicensed dwelling. A family member paying money in lieu of rent into a siblings account is either a kind and generous sibling or complicit in benefit fraud. So be careful with that one. Sounds as if the payments have been intermittent so would not even look like rent.

I can see why the parent might want to end this situation. I think it would do your friend good to stand on their own two feet.

JollyGreenSleeves · 03/11/2024 07:38

Do they pay towards the other bills that they are pushing up the cost on? How much ‘rent’ do they pay?

KnickerlessParsons · 03/11/2024 07:50

Living in the shed and paying keep is no different from living in the house and paying keep. So child can be asked to leave.

DoreenonTill8 · 03/11/2024 09:14

Bluefields96 · 03/11/2024 07:35

Your friend is not a tenant so has no tenant rights.

Stretching definitions they might be considered a lodger. Lodgers have no rights. Landlord can tell them to leave and the law says they must leave.

Your post sounds as if you/your friend are considering putting pressure on the parent (blackmail) to allow them to remain by denouncing them for having an unlicensed dwelling in the garden or for having worked out some kind of benefits work around. You will have no luck with that. A family member sleeping in the shed and presumbaly using the house bathroom and kitchen would not constitute an unlicensed dwelling. A family member paying money in lieu of rent into a siblings account is either a kind and generous sibling or complicit in benefit fraud. So be careful with that one. Sounds as if the payments have been intermittent so would not even look like rent.

I can see why the parent might want to end this situation. I think it would do your friend good to stand on their own two feet.

Absolutely this, the fact you and they seem to be planning intimation and blackmail doesn't exactly put you in a good light!

twentysevendresses · 03/11/2024 09:24

Your 'friend' needs to leave.

HoppityBun · 03/11/2024 09:56

I don’t know what legal qualifications previous posters have. Your friend should check with a solicitor about the effects of the Family Law Act 1996.

JalfreziAndNaan · 03/11/2024 09:59

Yes, I would think so. They're an adult, so are expected to house themselves somehow. Why does she want to evict him?

JalfreziAndNaan · 03/11/2024 10:01

HoppityBun · 03/11/2024 09:56

I don’t know what legal qualifications previous posters have. Your friend should check with a solicitor about the effects of the Family Law Act 1996.

Isn't that something to do with divorce?

Singleandproud · 03/11/2024 10:02

They aren't a tenant and arent renting though are they. They are paying housekeeping and have sole use of the shed. Just like if they were sleeping in their childhood room mum can kick them out if she wants.

New posts on this thread. Refresh page
Swipe left for the next trending thread