LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

WA How to Evict Someone Under Property Law?

Discussion in 'Property Law Forum' started by Evelyn208, 21 June 2016.

  1. Evelyn208

    Evelyn208 Member

    Joined:
    21 June 2016
    Messages:
    1
    Likes Received:
    0
    Hi all, looking for some help on where to start.

    My grandmother has lived in her family home for 40+ years since her husband died 30 or so years ago. Her mental health, unfortunately, has declined (and been declining for about 4 years), but after a few hiccups, she's finally had to go to a nursing home.

    She has had a friend/partner living with her for a few years now (J). He's refusing to move out. He has never paid a cent to the house and has never claimed partnership/de facto with Centrelink or any other government agencies and is, in fact, listed as her "carer" (prior to her nursing home intake) as far as Centrelink goes, and they both have been getting single Centrelink payments as well.

    My mother has power of attorney and after my grandmother's admittance to the nursing home, her and her sisters have sold the house. Settlement has come through but keys aren't to be surrendered for another month. When the house was sold (and in the process of being settled) my mother and her sisters wrote J a letter saying we're giving you 28 days notice to move, you need to vacate as of the 20th (today).

    J has said by phone to a number of family members as recently as yesterday he is not moving out.

    And before you feel sorry for the old man, his sons have 15 properties between them and he has access to a lot of money, so much that his son got him a place in a transitional home for $2,000 a week (very affordable for them) but J has refused to go. My grandmother only has the house which sold for a touch over $300,000 and that is the deposit needed in the nursing home.

    Obviously we cannot enter the home and forcibly remove him but how would we go about moving him on under property law? Some concerned friends have said to change the locks when he is out and about but my concern is:

    A. if it goes to Court and we have done something dodgy it won't help and
    B. I'm sure he can call a locksmith and say I have forgotten my keys please change the locks and then we are back to square one.

    All help I am researching is about divorce with kids and mortgages and a bit lost if this applies here. My mother and her sisters aren't poor but we cannot come up with 300k for the nursing home. Are we off to Court or is there a better way? If Court is the only option what timeframes can it range between (ballpark figure is fine, I won't hold you to it).

    Many thanks
     
  2. Sophea

    Sophea Well-Known Member

    Joined:
    16 April 2014
    Messages:
    2,300
    Likes Received:
    334
    Hi,

    I believe in WA you may need to obtain an order for possession from the Magistrates’ Court, and if this guy remains at the property after being served with that, you can apply for a property seizure and delivery order. A court-appointed bailiff will then remove him from the property on your behalf.

    Here is a fact sheet: http://www.magistratescourt.wa.gov.au/_files/Civil_factsheet_31.pdf
     

Share This Page

Loading...