Preventing my tenant selling my house

prudryden

Could you re-register the property with the title "Estate of ........." until such time as you, the executor (who has sole power over the estate), determines what needs to be done to legally settle the estate? More or less thinking out loud.

clutton_2

is this /tenant / lodger paying you any rent ?

RabbitMad

theartfullodger wrote: »

IMHO as lodger now has exclusive possesion to the property they have become a tenant rather than a lodger.(See Street v Mountford 1985..)

I disagree. I'm not a lawyer but I read the law and in my opinion its 2 years from date of death

G_M wrote: »

1) the lodger would need to convince a solicitor and/or Land Registry that he /she was th owner. If the ID is sufficient for this, it is possible (though see notes/advice above)
Lodger lived with relative for over a year before death so would have had access to everything.

2) what else does the lodger have access to? Bank account details? Bank cards? Pension books? ...... Valuables items like pictures? Or even marginally valuable items.... easy to sell via ebay whatever.
Banks already notified and accounts frozen - nothing valuable in the house at all.

3) Now that the 'lodger' has unrestricted access, he/she can do anything in the property, including running up bills. Who is paying the gas? electricity?
The estate is as the lodger is caring for the pets - until a barrister constures the Will for me.

4) More importantly, now that he/she has "exclusive occupation" (no longer sharing with landlord) (s)he'll become a tenant, not a lodger. This gives him far stronger rights, and you far heavier responsibilities.
I've checked this and its 2 years from date of death that they change from lodger to tenant. (though if necessary I'll scatter the ashes over the garden and claim the owner is still resident;))

For all the above reasons, and since in any case you don't seem to trust him, get him out. Now.
I don't know them

As a lodger he can be evicted without a court order. Personally, I would temporarily move in myself
a) to ensure his status remains lodger, not tenant and
b) to keep an eye on him until he's gone.
easier said than done - I live hundreds of miles away and don't stand to inherit the house after the pets have gone

edit: I imagine the above, as well as being common sense, is also your duty. As Executer you have a legal responsibility to protect and manage the assets of the estate.
But the Will appears to grant the lodger the right to live in the property for the natural lives of the pets.

Also there is lots of money at stake - house is worth approx 500K with agricultural occupancy condition, which removes 1/3 of the value. the relative might have been in breach of this condition for over 10 years and the lodger has continued this breach so the lodgers occupancy is currently worth about £250K. kicking them out without a plan is not an option.

RabbitMad

clutton wrote: »

is this /tenant / lodger paying you any rent ?

no rent free as a lodger prior to death - have continued that on.

greenface

You seem knowledgable on issues relating to this but for full confirmation seek a good well informed solicitor who knows about tennancys

mbga9pgf

If the owner left the prop to their pets, how is it "Your" house, as this thread is titled?

Seanymph

I'd move in.

RabbitMad

mbga9pgf wrote: »

If the owner left the prop to their pets, how is it "Your" house, as this thread is titled?

I was trying to keep things simple as all I wanted was information about how to prevent a potential sale.

but as the executor technically it is my house until I finish administering the estate and put it into trust for the pets or transfer ownership to the beneficary who inherits it after the pets have died..

prudryden

I hope all the current pets are neutered or the trust is limited to the current pets survival. I also hope one of the pets is not one of these turtles that live to be 200 yrs old.

PPPingu

What does the will exactly state about the status of the rent-free lodger once the owner passed away?
Is it not your duty as executor to simply carry out the requirements expressed in the will?