Evicting Criminal Family Member from Shared Home

[cookiebunch]

Hello Legal Beagles team,
Myself, my sister and my brother are co-owners of a property which was once owned by my mother. She was very ill and lived at the property with my brother, until her death in August of this year.

Since then, my brother has continued to reside there, he has never offered to pay any rent to us for the three months passed.

3 weeks ago, the police raided the property and a cannabis grow operation was discovered in the lounge and the garage. They also discovered that the electric unit had been tampered with (stealing off the grid)

My brother has been released under investigation and is back at the property.

The three of us (brother included) have agreed that the property should be sold. My brother agreed to vacate the property for it's sale and to seek alternative accommodation in the mean time.

Until recently - he has since discovered that he cannot apply for a tenancy, as he has an existing criminal record and is living on benefits.

He is now refusing to leave the property, refusing to pay rent to myself or my sister whilst he remains - and is also now refusing to sell because this is the only place he can live.


My question to the experts -

Do we (my sister and I) have a case to evict him and proceed with the sale? Will it be an expensive process?


Thank you

[Scot22]

Are there any organisations supporting ex prisoners who could help ? He has a share in the house, so needs someone more knowledgeable than me to comment on this.

[45002]

cookiebunch.

Can you confirm is your brother one of the co-owners and is anyone else living there ?

Someone who has criminal convictions and living on benefits can still apply for or have a tenancy.

In the end sounds like your going to need a Solicitor to sort this out for you....

[Wylderose]

Having a criminal record would not stop your brother from renting a property. In our local authority we have a number of organisations who assist ex-offenders to re-establish themselves in society. I think this may be an excuse for not leaving the property. Places like "Restart, Nacro, Saltbox" are just some of the organisations who supply supported accommodation that is eligible for housing benefit whether on UC or Legacy benefits. He would also have to declare his interest in the property and the value of his interest would be taken into account for the purpose of his benefits assessment

The eviction process though can take many months, especially in the current climate. Someone with the respective legal knowledge in that field could advise you, whereas I can't