Removing Family Member from Property

TX1

My situation is quite unusual. I purchased a property with a former partner 10 years ago. We separated 2 years later and the property was rented out. We have both since married our current partners and no longer communicate. The property I rent has been put on the market and I am unable to find suitable accommodation in the same area. I wish to return to the property I co-own so s my daughter can remain in the area close to her family, friends and school. However, there property which I am a co-owner is currently occupied by the brother of the other owner and no tenancy is in place. He covers the mortgage and has two children that stay with him every second weekend. However, he has a house in the same town that is rented out as he cannot afford the mortgage payments on his own which is why he moved to my home. I need the premises vacated as soon as possible but I am unsure how to proceed and any advice would be greatly appreciated by me and my family as there is no other alternative.

seamus

Some issue will hinge on what kind of tenancy you have based on the ownership agreement between you and your former partner. On the face of it, as it's your property you have the right to issue the current occupant with notice to vacate as you wish to move in.

No tenancy agreement doesn't mean he has no rights. In fact it probably means he has a legal part 4 tenancy and is entitled to the minimum notice depending on how long he's been there.

There are other issues here for you. Someone else has been renting your property and paying your mortgage. Is this tenancy registered? Have you been declaring the income for tax purposes?

You're opening a can of worms for yourself; if the brother digs his heels in you may find yourself having to do a lot of retroactive paperwork before you can even think about evicting him.

The two options I see for you are:

1. Speak to the guy in the house. Tell him you want him to move out and offer to throw €10k at him to do it quickly and without fuss.
2. Speak to a solicitor to find out your options.

TX1

Thanks for the reply. As regards to revenue I contacted them immediately after moving out and informed them of the situation and had the TRS removed which was being applied for me. I have been up front with them from day one. I contacted the PRTB and there is no tenancy in place. This agreement was done between her and her brother without my knowledge and it is only when I required the premises that I became aware. Paying €10,000 to remove him from a property which I believe I am entitled to occupy is not an option. If I serve the eviction notice as suggested what happens if it is ignored?

seamus

seamus wrote: »

...........

The two options I see for you are:

1. Speak to the guy in the house. Tell him you want him to move out and offer to throw €10k at him to do it quickly and without fuss.
2. Speak to a solicitor to find out your options.

I'd try the bit in bold without offering the €10k as a starting point.

OP, have you been making mortgage payments on this property for the last 10 years?

nuac

Mod
Sorry TX1 to read of your difficulty.
As already mentioned a "can of worms"
You need to talk to a solicitor.
Closing thread to comply with our rule against giving legal advice.
That is in your own interests also.
You do realise that this is a public discussion board? The facts you are setting out here may identify you to others. 'Tis a small country
Good luck