Rent free lodger

lizzielondon

If he does have an interest ( and tbh I have no clue about this) could the council possible want some money from it if he needs to go into a home?

jamie11

imported_jac wrote: »

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

Good so far as it goes, but what about repairs and other costs? Your sister is going to be responsible for a number of things, like the GSC and electrics and insurance.

Sorry, the more I think about it the more I think your sister should evict him, after all at seventy does she even want the hassle of being a landlord?. That is providing he has no claim to the property of course, either part ownership or an oral or written tenancy.

Make sure the solicitor she is using knows about L and T law, not all of them do

zzzLazyDaisy

If he was a lodger before, then he was a bare licencee and could be evicted at will. This wouldn't change because the owner of the house died, but it might change if the new owner kningly and willingly allowed him to remain - he would then become a tenant, even if he paid no rent. Which would still only give him the right to remain for six months before being evicted under AST law.

I suspect that the solicitor is arguing that he was in fact a partner, rather than a lodger, and that he somehow aqcuired rights (by way of making payments towards the mortgage or paying for an extension, or new kitchen, or something of that nature).

It sounds to me though that he is playing for time. Personally I think I'd try and get him to agree to an tenancy agreement, and then evict him fairly and squarely after 6 months.

In the meantime, get the insurance sorted out.

G_M

Take care! It sounds like the solicitor drawing up this document was appointed by and is paid by, the lodger. Therefore the solicitor's duty is do the best possible deal for the lodger. Your sister's best interests and protection will NOT be his concern.

She should use her own solicitor.

The more I read of this scenario the more convinced I am that
a) your sister needs legal advice - independant advice and
b) the lodeger should be asked/made to leave - "drawing a line under this" by agreeing to let the lodger stay will NOT draw a line. Your sister will have ongowing responsibilies, AND STRESS, which will recur each time there is a maintenance issue, a repair, an unpaid bill, an insurance claim, etc.

The deceased left the property to your sister in her will, so clearly wanted your sister to benefit. Had the deceased wanted the lodger to have the property, then either the property would have been left to the lodger OR a trust set up to manage the property and allow the lodger to remain there for a set period of time or until his death at which point the property could be passed to the sister/whoever.

None of that happened. The will left the property to your sister. Evict the lodger and sell the property (or move into it). Yes, eviction will be stressful, but only for a time. The alternative is stress without end.

Annisele

I agree; your sister needs to get this sorted once and for all.

I'm not a lawyer, and your sister definitely needs her own independent legal advice (I'd read your other posts as though it was your sister's solicitor who said that it would be difficult and costly to get the companion out. If the companion's solicitor said that - well, of course he would!)

I think that the companion's rights could be anything from "none at all" to "half or more of the value of the house", with things like "right to occupy for life" in the middle. I'm leaning towards "none at all", but if, for example, he'd paid the mortgage and all costs associated with the property for the last 18 years on the understanding that it would go to him on the aunt's death he would likely have some rights.

It's possible that the companion actually has some rights that he could dispose of in his will. In that case, even the companion's death wouldn't resolve the situation, as his heirs would be wanting their share of the house.

So - it might well be costly to get this sorted, but I'd suspect that not getting it sorted would ultimately cost more.

zzzLazyDaisy

Just a thought, but was this companion financially supported by the deceased person? eg was he paying rent and/or bills and buying his own food? Or was this provided for him? The reason I ask is that there is a possibility that he was a dependent and while that wouldn't give him a share of the house on its own, it might give him the right to contest the will under The Inheritance(Provision for Family and Dependents) Act 1975 as someone who was being partly or wholly maintained by the deceased.

See here for more info

http://www.contesting-a-will.co.uk/contesting-a-will-provision.php

(Apologies for the bold - I can't take it off!)

carefullycautious

Hang on how can someone who is not related or next of kin put a caveat onto a will.

He would have had to be married for this to happen surely.

Dont just take the word of the solicitor, get your own who specialises in this area to check this out.

I have never heard of this before maybe try the wills department of this site and see if there are any solicitors on

G_M

carefullycautious wrote: »

....

Dont just take the word of the solicitor, get your own who specialises in this area to check this out.

I have never heard of this before maybe try the wills department of this site and see if there are any solicitors on

Good advice here, though I didn't know this site had a wills section - can't see it. Link?

Ulfar

Also you mentioned cost, do you have legal cover on your own house insurance.

imported_jac

Hi

My sister has got her own solicitor. I think zzzLazyDaisy you are right. His solicitor mentioned that, as he had been ill and couldn't work, our aunt had been looking after him and that he was dependent on her for that. My sister's solicitor said that a caveat should not have been issued in these cirumstances and contacted the other solicitors accordingly. So perhaps that is the stance the lodger is taking.
Thanks
Jackie