by Talia  02/03/2021  0 Page Views
1 Comments  Discuss legal issues that are of a general nature

I'm looking to get some legal clarification on a legal issue our family is having so I know how I can legally proceed.

My Grandfather passed away last year and my brother had been living with him for 5 years prior to that. My brother didn't pay rent, only $50 a week to cover his meals and there was no written agreement in place between them. The house and the rest of my Grandfather's estate has been left to my Mum and my Aunty 50/50 and they want to proceed to sell the house and had asked my brother to leave the house by the 14th of January 2020. He has refused to leave and has refused 2 other options for accomodation. On the advice of a solicitor, we have now given him 2 weeks written notice to leave as prior notice was only verbal but he has said he will fight us in court. Now what I need to clarify is whether under the law he is considered a tenant of the house, despite there being no past or current tenancy agreement or if he is squatting. He is in Victoria and we live in Western Australia so we have been limited as to what we can do to enforce him leaving and we cannot afford to fight him in court but I have a small amount of savings that I can use to fly over there and change the locks while he is at work and arrange for him to pick up his belongings but I need to know if I'm legally in my rights to do so (I would be doing this on behalf of my Mum who as I said is a beneficiary of the estate and I would wait until after the 2 weeks written notice period has passed.)

I'm really hoping someone can clear this up for me. TIA.