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Original poster

Notice to vacate

22 replies

Honey83 · 28/03/2021 14:19

Hi all
Family member is living in property I have inherited. They have never paid rent/had a tenancy agreement so have basically been 'squatting' there for some time. I am executor of the will and the property will need to be sold for all beneficiaries, including them. However, the solicitor has advised that as they are not a tenant and no legal right to occupy, there is not really a minimum notice period required for them to vacate. Just looking for some impartial thoughts on what would be a reasonable timescale for them to vacate as I have no idea. They have 5 children and clearing the contents of the property is going to be a big job.
Thanks in advance

OP posts:
RandomMess · 28/03/2021 14:21

Sounds like it could be a nightmare. Do you think they will go willingly?

I would say 3 months is realistic for them the secure a rental and move out.

Original poster
Honey83 · 28/03/2021 14:43

@RandomMess

Sounds like it could be a nightmare. Do you think they will go willingly?

I would say 3 months is realistic for them the secure a rental and move out.

They have been asked several times informally. They are heavily overcrowded but this would appear to be preferable to paying rent! I'm hoping now a solicitor is involved there will be some traction, but my concern is if they don't find somewhere they will claim they need to stay.
OP posts:
RandomMess · 28/03/2021 14:44

And legally they are already squatters...

murbblurb · 28/03/2021 14:44

There is a rental property shortage in some areas, but if a place is empty they could be in quickly if they meet the requirements. Buying will obviously take longer.

StephenBelafonte · 28/03/2021 14:49

They will force you to evict them so that they will then qualify for state housing. So on that basis, i'd crack on with the eviction process. They won't go voluntarily because there is nothing in that for them.

Original poster
Honey83 · 28/03/2021 16:01

Thanks for your comments all Smile

OP posts:
Sunflowergirl1 · 28/03/2021 17:30

I suggest you serve them all the legal notices in the assumption they would not move...then at least if the refuse you're part way along. Currently it could take a long time to get them out so don't waste any time

RandomMess · 28/03/2021 17:43

Perhaps you can tell them as executor you have to do everything by the book therefore they will be served legal notice etc. Just thinking about smoothing over waters.

I do wonder if you can take the legal costs from their share of the estate though 🤔 probably not, and probably not worth it!!

earsup · 28/03/2021 22:29

I think I would ask solicitor handling the estate to write to them and inform them about vacating the property....that expense would come from the estate pot...if they want to be re housed by council then its an eviction and bailiff and court costs....but could be seen as a ploy to obtain council housing..??

Original poster
Honey83 · 29/03/2021 11:34

@earsup

I think I would ask solicitor handling the estate to write to them and inform them about vacating the property....that expense would come from the estate pot...if they want to be re housed by council then its an eviction and bailiff and court costs....but could be seen as a ploy to obtain council housing..??
The solicitor is going to write to them and ask them to vacate but I don’t know if the solicitors are going to put a timeframe or are leaving it to me to suggest this. I don’t know if a standard timeframe is given..

I know what you mean about being a ploy but I think it’s more of a case they can’t be bothered. They will leave until they are forced out and I’ll be called a bad person for kicking them out!

OP posts:
treesandrocks · 29/03/2021 11:40

We are in exactly the same situation, it's been 4 years in our case and she's still promising to move out in 2 weeks!

Don't be us, if you can afford it you have to go the legal route. She is depriving others of the money and saving herself a fortune in rent, who cares if you get called a bad person, you are doing the right thing.

Our 'squatter' has also trashed the house and it's now worth only 75% of what it was valued at 4 years ago. We can't afford solicitors, if you can, act with urgency.

CrotchetyQuaver · 29/03/2021 11:48

@StephenBelafonte

They will force you to evict them so that they will then qualify for state housing. So on that basis, i'd crack on with the eviction process. They won't go voluntarily because there is nothing in that for them.
This. I'd start the formal eviction process ASAP.
RandomMess · 29/03/2021 11:59

Tell the solicitor to do down the formal legal route, after all the estate will cover the costs.

There must be free advice on line to tell you exactly what you need to do.

Don't give them any chances etc. As executor of the will you HAVE to execute it properly which includes removing them from the property so it can be sold. This is the reason you give - "Whoever was executor they would have to do this to comply with the LAW, they could have chosen to move out immediately as they new the house needed to be sold, they didn't, I had no choice in order to comply with the LAW".

Original poster
Honey83 · 29/03/2021 12:08

@treesandrocks

We are in exactly the same situation, it's been 4 years in our case and she's still promising to move out in 2 weeks!

Don't be us, if you can afford it you have to go the legal route. She is depriving others of the money and saving herself a fortune in rent, who cares if you get called a bad person, you are doing the right thing.

Our 'squatter' has also trashed the house and it's now worth only 75% of what it was valued at 4 years ago. We can't afford solicitors, if you can, act with urgency.

Oh, god, I really feel for you. It's so unfair! I hope it is eventually resolved for you, but 4 years argh!

A fortune yes! I have seen the rent for the amount of bedrooms they would need (if renting privately) it is eye-watering!

OP posts:
Original poster
Honey83 · 29/03/2021 12:09

@RandomMess

Tell the solicitor to do down the formal legal route, after all the estate will cover the costs.

There must be free advice on line to tell you exactly what you need to do.

Don't give them any chances etc. As executor of the will you HAVE to execute it properly which includes removing them from the property so it can be sold. This is the reason you give - "Whoever was executor they would have to do this to comply with the LAW, they could have chosen to move out immediately as they new the house needed to be sold, they didn't, I had no choice in order to comply with the LAW".

Thank you!
OP posts:
RandomMess · 29/03/2021 12:59

Also remember you can retort to any complaints

"If I don't execute this will properly I am held liable, would you rather I hand it over to the solicitors to execute so even more is spent on legal fees"

TBH it may be advisable to do this anyway!

Anyone who moans at you about evicting them that stands to inherent you can include "so you don't want your money then?"

Hopefully they will have been saving like crazy knowing that they need to move out.

caringcarer · 30/03/2021 00:58

I understand they are not paying rent but at the moment due to Covid I don't think you can evict anyone. I think it is June before you can. Issue eviction notice asap and give 2 months notice. That is what they would get if paying rent.

SaucySarah · 30/03/2021 07:58

Another option (which you would need to get a solicitor to look over); the other beneficiaries, if not desperate to sell, could rent the house back to the person who is currently living there but on the agreement it's with proper rent paid and on a proper tenancy. They obviously wouldn't pay rent on the proportion of the house they own so they would get a discount on the market value, but there would be an income stream coming to the other owners.
I agree that they sound like cheeky fuckers and it would be better all round to get them out and sell up, but it would be a less confrontational way of legalising everything than serving them an eviction notice on a house they will, when the will is proved, part own.

earsup · 30/03/2021 22:46

A friend is waiting for a house to be sold in cornwall...inherited a share of this house over 12 years ago..the executor still hasnt sold it...despite nudges from a solicitor...are there no penalties for not sorting out an estate promptly..??..my friends situation seems very odd....anyway press on with your notice...courts wont evict at present but things will get back to normal at some point .

RandomMess · 30/03/2021 23:18

I agree if you could charge rent it would encourage them to vacate and probably won't give them any additional rights. Worth looking into legally.

Original poster
Honey83 · 31/03/2021 13:59

The charging rent is a fantastic idea and certainly something that I would go for if I were them but I have tried to do this without a solicitor and it didn't last longer than a couple of months (this has been going on for some time before I involved a solicitor, I tried to do this within the family first as initially we were on good terms)

From my understanding it seems they are in the crossover period where they are due a share of the estate when it is sold but at this current time have no legal right to be living there as it belongs to the deceased. I already know from the get go they would not pay rent even if this was arranged with a solicitor and I just worry that making them tenants would legitimise their status and then I would really struggle to get them out.

From the Gov website, I think right now they would be exempt from the eviction ban as they are not actually tenants. It's not an easy situation and I do thank everyone for their input!

OP posts:
murbblurb · 31/03/2021 22:35

Be very careful of some of the advice on here. If you charge rent you may indeed create a tenancy and then you have all the responsibilities of a landlord. If England minimum notice is 6 months (no longer two) and probably two years to the bailiffs if you have all the legals right.

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