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Can you evict a caree? How? - Carers UK Forum

Can you evict a caree? How?

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I'm starting this thread because it seems to me that there are carers out there who are in a 'cleft stick' when it comes to their caring situation.

They have allowed a caree (typically a parent, but presumably not always?) to come and live with them, but the arrangement has not worked out well.

So, can they 'evict' the caree? If the caree does not wish to leave.

I'm wondering what the actual legal situation is?

I fear that by inviting the caree to live with them, the caree now has acquired some kind of 'squatters rights' if nothing else, or that a tenancy has been created perhaps?

Personally, I think it would be helpful to get clarification on this.

If the owner of the property (the carer) DOES have any right to evict an 'unwanted caree' (!) (because of, say, obnoxious behaviour to the carer!), then how can they legally go about it? Do they need, for example, a court order? And what if the evictee refuses to leave the property? Can they be 'manhandled' out?

What if the caree is disabled? What if they have dementia?

What happens if the carer actually sells the property, but has no wish to take the caree with them!

It all seems an incredibly 'dangerous' legal minefield, to let someone come and live in your property, without any kind of 'formal tenancy' etc. But even if there is one, how one PHYSICALLY achieves their eviction, is quite a different matter!

(I know it's a horrible thing to think about, but there ARE carees here who appear to be SO horrible, and SO exploitative of their families, that they have no 'moral entitlement' to being looked after by them at all, let alone occupy their house!)
I am aware of a couple with a lodger who was recently discharged from hospital with usual illnesses of a 97 year old. He has been moved out and into suppurted living so it must be possible!
I jus googled this, and found a site called Themix. It said that if the person concerned hadn't paid any rent, they could be kicked out immediately, as there was no contract which set out notice terms.
Whilst that may be the case, it could be difficult in practice!
Shelter website seems to say you can ask anyone living with you (except your child under 16, partner, spouse) to leave, and they have to go.

It's not clear if there's any difference if that person pays for their or the homes upkeep so I don't think that infers any rights.

I'm sure if the person 'owns' part of the property then they have a right to live there, again unless there's some other written contract

It's different if there any sort of rental or tenancy or sub let agreement. Or other written contract

Squatters enter uninvited ie without permission so squatters rights wouldn't apply
Well, that's encouraging!

As I say, it's a horrible, horrible thing to contemplate, but there do seem to be those grim situations where a caree won't even consider being decent enough to take up respite for a week or so to let their son/daughter get a break from looking after them!

It's awful to think there are parents who can be that selfish, but so it seems sometimes. (And not even allowing for dementia, which I agree makes the situation quite different, as the parent would then not really be able to take on board that their daughter/son is in desperate need of a break!)

The trouble is, I have visions of police arriving to 'manhandle unwelcome parents out of the children's house, and lugging them off to care homes...NOT a pretty thought at all. But if someone does not actually 'walk out' (or agree to be stretchered out!), then getting 'vacant possession' of one's own home again must surely be incredibly difficult.
One other scenario would be if the caree was "sectioned" or posed a danger to the safety of other
residents of the property?
Colin, yes, good point. And that has the potential to be 'horrible' as well, alas, if the person-being-sectioned doesn't agree with the sectioning, and 'fights back' so to speak.

I know that mental health professionals have 'acceptable techniques' for imposing physical restraint, that are supposed to be safe, effective and not (too) 'humiliating' or whatever the correct term might be, but it's still horrible to think of any kind of 'force' having to be used, even if it's for the patient's safety and the safety of their family.

Sorry everyone for this very 'disturbing' topic overall, but I'm always someone who wants to find out 'what happens if push has to come to shove'....ie, what are the 'final options' so to speak.

I think unless one understands what is the 'ultimate' that can happen legally, we don't really understand what our 'degrees of freedom' are in terms of making decisions about our own lives which affect other people (ie, our carees).

It is the same reason that I wanted to push to 'the extreme' our 'legal obligations' (or not, as the case may be) for whether we do or do not 'have' to be a carer from a legal point of view. I find it, personally, helpful, to understand that our 'starting point' is that no, unless we are someone's guardian for whatever reason, then we have NO legally enforceable 'duty of care' towards anyone else. That, for me, sets out my 'degrees of freedom' and once I know that, then I can decide - note 'I'! - just how much care to offer, and how ......given that the whole 'carer-caree' relationship is never a 'desirable' one, simply because each of us would never actually WANT our carees to NEED care in the first place!!

Anyway, thank you to all who answered and commented on this difficult issue of how to 'pull the in-house care plug' on a caree that we have taken into our home - and who doesn't wish to leave!!!!