Rent free lodger

atush

They weren't married. He has no right to stay on. If he wants to try for some money, let him try. If she lets him stay on, that is agreeing to a tenancy. If he wants a tenancy, let hom pay rent. No rent, no stay.

She needs to get him out now, or at least start the process if he won't pay. The house will fall to rack and ruin w/o rent being paid for its upkeep. She needs her own solicitor ASAP. And to start proceedings NOW.

Ulfar

If he is disputing the will, then you need to get legal advice.

Probably the best thing that could happen is that he tries to contest the will and fails, at that point it will be very clear legally that he has no rights to the property. As I lodger I would then ask him to leave.

If he fails to do so you can take appropriate legal measures to gain possession.

notisis

I second G-M's advice. Your sister needs INDEPENDENT advice not that of the solicitor dealing with the estate. More costly yes initially but ultimately may save money and heartache. If your sister already has buildings/contents or motoring insurance she can check whether she has legal costs cover that provides advice on all legal matters - many policies do give cover so worth checking.

KateLiana27

No self-respecting person of any age would expect to stay in a house that wasn't given to them, that they haven't paid a penny for, rent-free. If he was trying his absolute best to come up with the money for maintenance, that would be a different thing, but simply refusing and spending his money on lawyers instead?

I'd have no hesitation in trying my hardest to get him out. Being elderly and poor health is not a free pass to being a scrounger. He should be ashamed of himself. Absolutely get some independent legal representation.

C_Mababejive

What she needs to do is insure the building and initiate steps to eject him as he has no apparent legal right to reside there. It may be that he will attempt to make a claim under TOLATA but really,that is for him to decide and prove. You MUST deal with this now because if you dont,you will regret it.

imported_jac

Thanks everyone for your advice and time. I am seeing my sister later today and will let her know about the concerns that you have raised.

Thanks
Jackie

macman

He can afford to pay a solicitor, but not to pay for any rent or maintenance on the property?
If he is not a tenant (and no evidence has been given to show that he is) then your sister can simply insist that he leaves. As a lodger he has no security of tenure whatsoever-the no.of years he has been there has no bearing, nor is any relationship he may have had with the aunt.
If the Aunt was concerned about this individual, why did she not make some provision for him in her will during those 18 years?

Beckyy

Did he always live rent free?
Did he work before he became ill/was younger?
Do you know what sort of pension he has?

Chances are he can afford rent, of some kind, and is just refusing the pay for it. I would not be letting him live there rent free, if at all. if your Aunt wanted him to have the house she would have left it to him - she didn't. She left the house to your sister, and you sister wants to live there. He should respect that.

zzzLazyDaisy

imported_jac wrote: »

Hi
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.

This would be my concern. If he is classed as her dependent, then he may have a claim against the will because she failed to make provision in the will for his ongoing support. He doesn't have to be related, or even her partner, if she was effectively supporting him, he is her dependent. She didn't even need to be totally supporting him, it is enough that she partly supported him, eg by not charging him rent and bills for example, over the years that may well be enough to class him as her financial dependent.

OP, read the link I posted above - at least then you and your sister will be aware of the potential pit-falls and she will know what questions to ask her solicitor.

Delivery_Driver

Poosmate wrote: »

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

This is what I was thinking too.There will be recorded payments detailed as rent and no long lost relatives of his also thinking they are entitled to a share when he eventually dies.