Difference Between Tenant and Lodger

ab7167

OK, just typed an essay and lost it. Try again.

We are about halfway through buying a house. This is the 3rd house we have tried to buy since December, with 2 failed purchases having made me cynical, suspicious and a good deal poorer (£2100 to date in abortive costs). The following scenario has cropped up with our current purchase and I was wondering if anyone had any advice.

We have sold our house, living with in-laws, and this is a probate sale so there is no chain. My 2nd baby is due on Monday, so I am also a bit hormonal, which probably doesn't help (not to mention the heartburn and lack of sleep).

The house we are buying has been inherited by 2 brothers from their father, who died about a year ago. Probate has been obtained. Let us refer to these brothers as A and B. A is the only executor of the estate, but doesn't live in the house. B is not an executor, but is a beneficiary and is currently (and has for a long time) living in the house. Guess he is around late 50's?

We have just received the Property Information Form, which has the following interesting (and concerning, to me) information. B is allegedly a lodger, but has NOT signed some form to confirm he will leave the property on completion. Questions as follows:-

1./ How can he be a lodger - he owns half the house? Or does the estate still own the house and is effectively the landlord? I thought you could only be a lodger if you lived with the owner, which would have been true before Dad died, but can't see how it is now - you can't live with the estate!

2./ Does this make him a tenant? If so, do we have to insist that they serve notice? Or would we inherit him with the house, so to speak? I have heard that it can take months to evict tenants if they don't want to go?

3./ What about squatter's rights? I do NOT want to turn up with a van, a 26 month old and a newborn to find him refusing to leave! And how would we get him out then?

4./ Does any of the above change if he is not actually paying any rent?

Sorry if any of the above is not clear, and apologies if I am worrying about nothing. Have asked solicitor, but he doesn't seem to know the answers...

A

BitterAndTwisted

You buy the house on the condition that you have vacant possession.. Nothing more, nothing less. It's the job of the executor of the estate to resolve these things before the sale goes through. Your solicitor won't agree to exchange until they have proof of this.

If you're not in a tearing hurry stop worrying about it.

ab7167

Unfortunatley we aren't welcome at in-laws indefinitley, its a small house for 4 adults and 1 (soon to be 2) children. So time is a bit pressured, although tearing hurry we aren't yet.... We need to be out of here by the end of March as I currently have an excellent relationship with my in-laws that I am anxious to maintain. And to be out end of March we need to buy the first week in March as there is a lot of work to do on the house to make it habitable (to our standards!)