Rent free lodger

whitewing

How well did your sister get on with her Aunt? Did the will pre-date the companion? If so, is there the possibility that Aunt felt that 'family' would do right by the companion? Just wondering. (I think, even if that is the case, a legally clean break is the best). Maybe Age UK can offer some advice/support taking into account both sides. Has the companion got his own relatives? I guess this is one of those situations that will always be difficult if you don't know the people. One of our Great Uncles had a housekeeper. Actually she had been his mistress until his wife died (and probably considered herself as his wife), but was never referred to as anything other than housekeeper. They both lived to a ripe old age; fortunately for her, she died first.

missile

I don't think she has been given good advice and I would be inclined to speak to another solicitor. Most solicitors will offer a free initial consultation.

macman

whitewing wrote: »

How well did your sister get on with her Aunt? Did the will pre-date the companion? If so, is there the possibility that Aunt felt that 'family' would do right by the companion? Just wondering. (I think, even if that is the case, a legally clean break is the best). Maybe Age UK can offer some advice/support taking into account both sides. Has the companion got his own relatives? I guess this is one of those situations that will always be difficult if you don't know the people. One of our Great Uncles had a housekeeper. Actually she had been his mistress until his wife died (and probably considered herself as his wife), but was never referred to as anything other than housekeeper. They both lived to a ripe old age; fortunately for her, she died first.

It would still not be relevant. A mistress or 'common law wife' (in reality, no such thing) have no claim whatsoever on the estate.

zzzLazyDaisy

macman wrote: »

It would still not be relevant. A mistress or 'common law wife' (in reality, no such thing) have no claim whatsoever on the estate.

This is true in general terms.

However, if that person has been financially supported by the deceased in his life-time, and especially if there is a reason why they cannot support themselves (eg disability or dependent children) then they may have a claim as a financial dependent, if there is no provision in the will. In real terms this rarely happens as the costs of court proceedings would far outweigh any benefit in most cases.

whitewing

I know it is not relevant legally. I do think though that the aunt chose to spend 18 years of her life with the man, and I'm being nosy as to why.

macman

Yet she also chose to make no financial provision for him whatsoever upon her demise. Or, if there was a legacy, the OP has not told us so.
What did the lodger live on while she was alive?

thor

Annisele wrote: »

As for the insurance, so long as the insurer knows the situation (i.e. sister doesn't live there, companion does) then there shouldn't be a problem.

I made a few enquiries with insurance companies about people living rent free in a property and was told that there would have no problems as long as you use landlords insurance and there is a tenancy agreement. I don't know how detailed the agreement has to be in the case of the tenant not paying any rent but I am sure there will be some simple samples floating about the internet which could be used as templates.

imported_jac

Hi zzzLazyDaisy

I think you are right because that is what he has told his solicitor. That he couldn't work due to ill health and our aunt was providing for him. I have bookmarked the link that you posted, thank you.

Thank you, thor, for taking the trouble to check on the insurance. We are phoning an insurance broker friend to get advice tomorrow. My sister's solicitor is sorting out an agreement between her and the lodger stipulating the conditions under which he can live there, e.g. no lodgers, no partners. Perhaps this would be classed as a tenancy agreement for the insurance company.

Thanks again
Jackie

missile

I would suggest it is dangerous to give him a tenancy agreement. This may confer tenants rights and make it even more difficult to evict him.

macman

I think your sister needs a new solicitor, almost all the advice given so far seems bizarre.
If he is not paying any rent, how can any agreement be binding, since there is no consideration paid by him in return for the service provided?