Rent free lodger

Mojisola

imported_jac wrote: »

We are in England. Our aunt died in June and the household insurance is still current so it is insured at the moment.

Does house insurance work like this? Isn't the contract between your aunt and the insurance company and that would finish when she died.

GDB2222

Mojisola wrote: »

Does house insurance work like this? Isn't the contract between your aunt and the insurance company and that would finish when she died.

The policy is an asset, and it's now in the hands of the executors, just like all the other assets. The policy is unlikely to state that it ceases as soon as the insured dies.

wannabe_sybil

Your sister can legally apply to evict, the person has no right to be there. Probably best to get solicitors to do it and refer all grief to them, though.

It may be worth asking the lodger what his legal basis would be for requiring maintenance on the house, and state firmly that none would be done.

btw - it was in the papers about ten years ago. A similar situation where a lodger wouldn't move out when the original owner died, and an order for possession was granted.

Interestingly, the person in the position of your lodger was also around 70. Fought it all through the court, argued etc. He had loads of chances to leave voluntarily and find other accommodation. I think he did find accommodation okay as iirc he got jailed after taking a chainsaw to the bailiffs who went to evict him, as per order.

Poosmate

I was thinking that surely the old guy would be eligible for housing benefit. Maybe your sister could help him to apply for this and maybe set up a proper tenancy agreement. This may actually be much more beneficial than it first seems to you but I wonder if this old guy has any other family and imagine if his health deteriorates further and rather than admit defeat and go to a sheltered home or care home he moves a younger relative in to care for him?

I would be worried about that. How would your sister feel about that?

Have Social services had to make any adaptions to the place to accommodate your once elderly aunt or her companion and if not is there scope for such to be necessary in the future? How old is your sister? Will she want or need such adaptations or would she be ok with having to reinstate the property to a state conducive toa younger persons lifestyle? (Example: SS took my nans bath out and put in a walk in bath size shower tray, wooden fold down seat on the wall and grab bars. Mom missing being able to have a relaxing bath).

Sorry to drag a few more worms out of the can.

Best to try to dot all of the T's and cross all of the I's.

Poo

Mojisola

Poosmate wrote: »

Maybe your sister could help him to apply for this and maybe set up a proper tenancy agreement.

Hasn't he got more rights now as the partner of the deceased? If he's getting legal advice, the solicitor will advise him against doing anything that reduces his rights to stay in the house.

jamie11

This is a bit of a puzzle.

Whilst the householder was alive and living at the house was the gentleman truly a lodger?

If he was, then when Auntie died did he in fact become a tenant?

Also if he is not paying rent then there is a question as to whether he can have a tenancy at all.

But he is not a trespasser. Nor is he an excluded occupier.

If the owner is not living at the property now, neither can he be a lodger.

There is a minimum rent before he can be classed as having a tenancy, he should pay at least this amount if he wants to have security of tenure, OP's sister should at least draw up a proper agreement to regularise the situation. With that she will be able to get proper landlord's insurance.

She will also be protecting her options if things go wrong.

Blackpool_Saver

What a mess ! has he actually refused to become a tenant and said no because he feels he has a stake in the property financially ?

ViolaLass

imported_jac wrote: »

However, she has accepted that she must stay at her house for the time being and wouldn't like to evict an old man and then have to live with the neighbours afterwards, who are his friends.

She could evict him, sell and buy elsewhere.

I think he's taking the !!!!. Either he has an interest in the house, in which case surely he should be responsible for some of the maintenance or he doesn't, in which case he should be paying rent.

imported_jac

Thank you everyone for your helpful replies. My sister is also in her 70's and did offer to help him find a place and help with benefits etc., his answer was to appoint a solicitor and put a caveat on the will to stop anyone doing anything with it without his knowledge. My sister just wants to draw a line under it now and cover herself as far as insurance etc., is concerned. He has agreed to pay for all utilities. The solicitor is drawing up an agreement to say that he is unable to move someone else in, which was worrying her, so that's good.

Jackie

ViolaLass

What if he trashes the house? Will your sister have to pay?