Eviction of deceased mums partner after probate

[SHALLYB]

My mum died in May 2023 as an only child I did the probate which came back to me on 12th July 23 with the letter of administration, the deeds are now in my name. Her partner of several years is still living in her house (now my house) he thinks it is now his! They never married, and there was no Will, she owned the house outright before he moved in. How do I get him to leave as it is not an eviction as we have no agreement?

[Pezza54]

My advice is to wait a couple of weeks. Your mum's partner has 6 months from the date of probate to challenge distribution of her estate by the rules of intestacy under the Inheritance Act.
If he receives an official letter from you asking him to vacate the property by a stipulated date it could spur him into action and seek legal advice. A lawyer might think he has a strong claim and offer him a no win no fee service.
As there is no tenancy agreement he has no legal right to occupy the house. If you end up having to change the locks (after he fails to vacate the property by the date set), you could change the locks when he is out. You have a duty to look after his possessions left in the house.

[Pezza54]

As it is your property you are not guilty of anything if you change the locks.
If he then forces entry to carry on living there he may be guilty of trespass and criminal damage.

[efpom]

Actually, it would be the eviction of a trespasser.

That is governed by CPR 55 https://www.justice.gov.uk/courts/pr...es/part55#55.3

The rules can be tricky and it would be worthwhile consulting a specialist solicitor.

In respectful disagreement with other posters, it is not a good idea to simply change the locks!

I am not sure from the OP's writing if the house remains part of the deceased's estate and has transferred to the estate's administrator, as administrator, or if the house transferred to the OP personally pursuant to the rules of intestacy.

See https://www.citizensadvice.org.uk/fa...-of-intestacy/

[atticus]

I agree that simply changing the locks risks committing an offence under the Protection from Eviction Act 1977. I would counsel taking court action to gain possession if necessary.

[efpom]

There is potentially another way forward for the OP. That is to enter into a binding agreement with the trespasser, such that if he quits the property by a certain date the OP will pay him £xxx. The principal reason for my making that suggestion is because the courts are extremely busy, so getting a possession Order is likely to take between 6 months to a year and an Interim Possession Order cannot be made - see CPR 55.21(2)

[Pezza54]

Apologies in advance for this post.
The Protection from Eviction Act states tenants. Is the man living in OP's house regarded as a tenant or a trespasser after OP, the new house owner, has asked him to vacate the property?
If the tenant or trespasser refuses to leave the house and also declines OP's financial offer, then OP will have to commence court action under CPR 55.. This is expensive (legal fees, court fees, possible bailiff's fees) and time consuming (6-12 months). Throughout this period OP is losing out on interest on proceeds after sale of the house or rental income.
OP's loss may run into £ks. Is OP entitled to make a separate financial claim?

[Pezza54]

I meant to add in my last post that if OP is found guilty of the illegal eviction of a tenant, OP could face a fine up to £5k and/or maximum 6 months imprisonment

[Pezza54]

I think I've got the answer to my question in post 7
As the occupier had the original owner's permission to live at the house, he cannot become a squatter or trespasser and OP must follow court procedure if he refuses to move out.

[SHALLYB]

Thank You all for the replies all noted. I have the letter of administration and deeds in my name. Under the 1975 Inheritance Act, this was up on the 12th January. After speaking to several Solicitors only one mentioned the Claim against me under the Act, no other Solicitors mentioned it, just told me to evict him. I’m happy biding my time until July, hoping he cant get a no win no fee 6 months after the so called deadline! House was bought with my Grandmas inheritance mii et snd my help years ago. He’s a down and out and found a secure bed by moving in with my mum. Unfortunately, I do now believe that because every bill was paid by her and in her name from her bank (not joint) that he has more chance of a claim under the Intestancy rules? I had done loads of research unfortunately I do not know how to correctly proceed way after the claim can be made? I didn’t evict him under Squatters rights as he is paying the gas and electric etc. can’t evict him under tenancy as we don’t have a contract. Any advice would be greatly appreciated? I found a Solicitor who knew her stuff unfortunately wanted to process one week after the 6 months rule. I’m not comfy with this as he could still get to make a claim just out of the window. Going to court I would be liable for both party’s fees at around £160k I would it all….. THANK YOU FOR ALL THAT HAVE REPLIED

[SHALLYB]

Who OP? all this is mind boggling learning as I go…. What would I do without Google