Steampowered, on the GOV website I read this paragraph If you stop living in your home, the tenants can still stay there, but their tenancy type may change to reflect that you no longer live there. If you sell your home and the new owner plans to live in the property as a resident landlord, they must: give notice to a tenant within 28 days that they intend to live there move in within 6 months of the sale Until the new owner moves in, tenants will have more protection through tenancy laws, because during this time there’s no resident landlord. Their rights will depend on when they moved in. Find out about tenants’ rights in ‘Private renting: tenancy agreements’. If you die, a tenancy will usually continue as though you were still resident, until someone else takes ownership. It's this last paragraph that made me assume he would be classed as an Excluded Occupant which means that you actually require no notice at all and are free to change the locks when they are out. However, I do feel deep down I should take the safer route and consider a legal eviction anyway. He has actually been in the property almost 1 year since my Father died. At no time did I say he could permanently stay, I just said he didn't have to leave while all the admin period was going on. That ended in July and he had notice to quit then (1 month) so I would think really he's had plenty of time to get something sorted. I know his family lives round the corner (literally) and have plenty of space to accommodate him should he wish. The only thing I found tempting about changing the locks whilst out is because I orginally though this meant, he would have to take me to court, rather than me take him. But my Solictior said he could get an injunction to get back in the property, which put me off the idea if they are correct.

That's exactly what I said to him! I thought he was an Excluded Occupier and thought I had the right to lock him out when he was out of the house, but both my Solicitors (original, and litigator) advised against this saying that that he would instantly get an injuntion against me which I would have to pay for and be let in the property anyway. They then said that the judge may dislike me because of doing that, and if the judge disliked me he would find a way to find in favour of the Nephew regarding the Estoppel Claim. You can imagnie, that frightened me off, a little! So I haven't taken any further action yet.

I did intend to sell it yes, as it's not somewhere I would want to live. Unfortunately though I had planned on using it as poss temp accomodation until it was sold so I did not have to pay rent on my flat anymore. I handed in my notice and now this has all come up so I am in a bit of a predicament as I will be due to get out in 4 weeks. My Solicitor said it all depends on who has the biggest "balls" and is willing to fight, lol. I would if I knew I had a chance of success but he didn't leave me feeling this way which is why i've sought advice here. I posted this question on another forum like this one and have had a similar answer from someone else.. But you know when you just want someone to tell you what you want to hear, and when they don't, you need to come to terms with the facts and accept the situation? - This is where I am at. I haven't had an easy life, mental illness, benefits, lost job, bankrupt, the usual. My Father knew this and I am certain this is why he did not make a will, as he knew it would all go to me, being his only child. He wouldn't have to have had to upset the family writing it in the will, as the law would say I was entitled to everything. I feel this was his way of giving me the start in life I never had because he wasn't around to help when I was younger, and now someone wants to take some of it away. I know Mediation would be the best option but my anger inside would rather give twice the amount to a lawyer that will win my case than for the nephew to walk away with anything - I hope someone can understand. I have been so fair, I let the Nephew stay in the house while all this was happeneing, and said as long as he took care of his own bills, I wouldn't charge him a penny. He never once mentioned to me that he would be claiming the house in the last year and I have text messages from him to prove that he was aware it was going to me, and even a query as to whether he could purchase the property from me. But if none of this can stand up in court, or even dismiss his claim completely, I cannot understand what justice there is in the legal system. Sorry - I need to vent my frustration to someone. I feel he's got me right where he wants me and he knows it.

Thank you so much for your responses so far.. I am aware that the Nephew contributed about £450 towards bills each month as he actually told me this when I met him. However, my Father was a cash in hand person and all the bills were in his name and there is no record of the Nephew paying anything at all. I am unsure if this would work in my favour or not? I know they have lived together in 2 other properties before this one, however they were rentals (I am not sure of the money situation in those properties or even if it would be taken into account by the court as it wasn't THIS property?) My Father purchased this property in 2011 and the nephew moved in almost straight away. I don't believe my Father was ill as such. He died suddenly. Although he was aware it could happen at any point, I don't believe the condition actually had any effect on his daily living so to speak, so i do not see how the Nephew could claim caring for him considering my Father had how own car to use, and he had only been retired for 1 year prior to his death. It's hard for me to get all the details as we only had a text and letter relationship and hadn't seen eachother for many years, so I can only go on what I was told by the Nephew last year.

I am hoping someone will take the time to answer, as I feel the need for a 2nd, 3rd and 4th opinion! I will give as many details in as brief a format as I can.. I have inherited a property from my father who died intestate. Letters of Admin were completed with Solictor and the 6 month claim period is also over. This property is currently occupied by my fathers nephew who despite my giving him 1 months notice, has not vacated and is now refusing to leave. He recently sought Solicitors advice and they informed mine that the nephew will continue to reside in the property according to his uncles (my fathers) wishes as my father had indicated to him that he would be entitled to live in the property for the rest of his life. To add to this, on several occasions my father had verbally told him that the property would be left to him (apparently). My Solictor referred me to her Litigant Colleague who seemed to think that the only procedure to take would be to issue a court order for eviction, which would be defended by the nephew on the basis of the information above. The word Estoppel was mentioned briefly, so I am assuming this would be the claim the nephew would be going for? My Solicitor told me that his chances of success are likely, and my best option would be Mediation. I have a hard time believing this and have done as much research as I possibly can on Estoppel cases but the outcomes do seem to be widely varied. I would really appreciate some more opinions on this as I am being warned that I could be faced with £20,000 + court fees with not much chance of winning. I do not know the nephew at all, only met him a handful of times so can only tell his background as I have been led to believe by him. My father purchased the property, the nephew moved in with him and contributed money each month towards payment of bills. I do not understand why my Solicitor would think that this would be a good basis for a claim. Can anyone advise? Thanks in advance.