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 Trespass by Person Taking Advantage of Elderly Uncle?

Discussion in 'Property Law Forum' started by AndrewC, 27 January 2015.

  1. AndrewC

    AndrewC Member

    Joined:
    27 January 2015
    Messages:
    2
    Likes Received:
    0
    Hi,
    My uncle who is elderly had an accident on his scooter leaving him unable to walk and needing a wheelchair and nearly constant care. While he was in hospital he met a man who is now staying at his residence. My uncle was offered a nursing home place as he has memory loss and needs care but he wants to remain at home. I have been given power of attorney over his finances and have noticed that this man stays at my uncles place and uses all of the facilities (and free meals) while paying no board. I have asked him to leave stating all of these facts but he refuses and believes he is staying in the house to look after my uncle and that justifies him staying for free. The thing is that my uncle believes he should not be there as well and if that is the case how can I legally ask him to leave or can I? Is he trespassing and if he is can I call the police? What are my legal rights?
    CHEERS
     
  2. Sophea

    Sophea Well-Known Member

    Joined:
    16 April 2014
    Messages:
    2,300
    Likes Received:
    335
    Hi AndrewC,

    From what you have said, it sounds as though your uncle gave permission for this man to move into his house, but now that permission has been revoked but the man refuses to leave. This may amount to trespass at law as you suspect.

    For there to be trespass you need to prove there is an "interference" with land or property (which would be satisfied by the man residing there) that is unauthorised. Entering or staying on land that is possessed by another is legal while it is one with the permission of the owner. If the person does not leave within a reasonable time of your uncle revoking his consent for him to be there he could be liable for trespass.

    Trespass is a common law action, so your uncle would need to apply to the court for orders for him to leave the premises. He may also be entitled to nominal compensation even if no damage has been caused.

    Alternatively, you could probably contact the police to deal it. Under section 70A of the Criminal Code Act Compilation (WA) it is a crime to enter a private place without express authority or to refuse to leave a private place after being given warning and without lawful excuse.
     
  3. AndrewC

    AndrewC Member

    Joined:
    27 January 2015
    Messages:
    2
    Likes Received:
    0
    Thanks for that Sophea. How would we go about this when my uncle suffers from memory loss so when asked if this man should go he says yes but forgets five minutes later? Should we get him to sign a revoke letter or something similar?
    CHEERS
     

Share This Page

Loading...