Eviction of Adult Children from Family Home in the UK: Legal Rights and Protections
Introduction
The act of evicting an adult child from a family home is a complex and delicate matter, especially in the UK. This article aims to provide a comprehensive guide to the legal framework surrounding the eviction of adult children, with a special focus on scenarios where the adult child resides at home under a license. It will also discuss the legal and practical measures parents can take when such a situation arises.
Current Legal Standing and Definitions
When an adult child resides in the family home, it is important to understand the legal standing of this arrangement. In the UK, such a residence arrangement is not legally binding or enforceable; it is essentially a permission-based agreement. This means that the adult child is granted temporary or conditional rights to reside in the property, which can be withdrawn by the parents at any time. Upon termination of this permission, the adult child becomes a trespasser.
Parental Rights
Once the permission to reside is stopped, parents can seek legal measures to protect their rights and enforce the eviction. They can apply to the court for an injunction, a legal order that prevents the trespassing adult child from repeatedly entering or occupying the property. Breach of this injunction constitutes contempt of court, leading to potential fines or imprisonment for the adult child.
Enforcement of Ejection and Property Management
Once the court injunction is secured, the parents can legally remove the adult child’s personal property from the residence. It is important to note that they cannot destroy or dispose of this property without permission. Instead, they must offer the adult child an opportunity to retrieve their belongings. If the child is unwilling or unable to do so, the parents are entitled to place the items in storage and claim damages to cover the costs of storage. If the child refuses to pay, the parents may place a lien on the goods and sell them to recover the financial losses incurred.
Forced Removal and Additional Measures
In cases where the adult child is permanently residing at home, parents may seek the assistance of law enforcement to enforce the court injunction. The police can be called to help forcibly remove the trespasser from the property if necessary. Additionally, utilities can be cut off, and access to certain rooms, such as the bathroom and kitchen, can be restricted by placing locks on the doors.
Public Opinion and Social Stigma
Evicting an adult child or taking steps to terminate their residence can also attract public scrutiny, especially if the situation becomes known through the press. While there are legal options available, parents should be aware that such actions may lead to unwanted media attention and potential public condemnation. In such a scenario, it is crucial to consider the broader social and ethical implications.
Conclusion
Evicting an adult child from the family home in the UK involves a series of legal and practical steps. Parents must navigate through a carefully defined legal process and ensure compliance with court orders. While these measures can provide a measure of protection, they should be undertaken with caution and consideration for potential legal, financial, and social consequences.