Help Needed With Legal Rights On A Will

Vortex566

Sorry if this is in the wrong place, but I really need some advice on behalf of my Father. His partner passed away this year and the house which they shared was left to her daughter.

The will stated that my Dad could remain in the house for, as long as he wanted. Since then the daughter has started to make life difficult. She has started charging him rent which he has to pay cash each month and he has no tenancy agreement. He did not pay for mortgage, but paid all other household bills, as well, as spending £10,000 on a new drive for the property.

She has now demanded a key for the property which I understand she is entitled to, as she does own the house, but does my Dad have any rights? Should he ask for a tenancy agreement before he hands over the key? Any advice would be welcome.

princeofpounds

Yes he does have rights. He DOES have a tenancy at the very least, for example (if he is not classed as another form of occupier thanks to the provision in the will).

It is an assured shorthold tenancy as defined in law and it does not matter that he has not got a paper contract. He does not have to give her a key unless she gets a court order to obtain one.

He needs to speak to a lawyer quickly. It was a mistake to pay rent before doing this, but that's life. Having spent £10000 on the drive he may well have an interest in the house (i.e. is a part-owner). The will should give him better rights than a tenant if it was drafted correctly. But he needs a legal representative to work on this.

If she evicts him from the property without a court order she will be committing illegal eviction which is a criminal offence. If she harrasses him (actual harrassment as defined by law, not just making things a bit difficult) then that can also be a criminal offence.

DVardysShadow

princeofpounds wrote: »

.... It is an assured shorthold tenancy as defined in law and it does not matter that he has not got a paper contract. He does not have to give her a key unless she gets a court order to obtain one.

AST? Are you sure? That would give the 'Landlord' the power to issue a valid Section 21 Notice to Quit.

As I see it, his rights derive from the will and are stronger than an AST There is no rent due [subject to the exact terms of the will] and this renders the question of an AST moot. Perhaps it would be a good thing if he did get a section 21 - he could continue to live there under the terms of the will.

It depends on what exactly was in the will - and this may need looking at. It seems to me that the will is slightly less strong than giving a lifetime interest.

princeofpounds

AST? Are you sure? That would give the 'Landlord' the power to issue a valid Section 21 Notice to Quit.

I said *at the very least (if he is not classed as another form of occupier thanks to the provision in the will).*

The point I was making is that even if the will is defective he does have some kind of status with relation to the property.

PS that's not mean to sound defensive, I can see why you clarified as you did for the OP.

DVardysShadow

Vortex566 wrote: »

Should he ask for a tenancy agreement before he hands over the key?

He needs legal advice. But as I see it, paying rent is a mistake and asking for a tenancy agreement would be a bigger mistake. His rights derive from the will.

TonyMMM

Who was the executor of the will ? This should all have been dealt with at that point.

He certainly shouldn't be paying any rent (unless that is a condition mentioned in the will). The one thing he must not become is a "tenant", as others have warned.

propertyman

This has even got me scratching my head

First of all it is not an assured short hold tenancy full stop.

Broadly speaking he has a right of occupation under the will, as the surviving partner, and a statutory tenancy.

However his exact rights depend on the terms of the will, and if it failed to make provisions adequately. eg who repairs the leaky roof.

So do not ask for or sign a document, do not pay any more rent, and do not surrender a key.

And then seek advice fom a local solicitor. Do check any household insurance policies for legal expenses cover as that will help you with advice and any costs.

You will be tempted to make a deal of some sort, however in the long term that is likely to be in their worst interest. Take advice.

Vortex566

TonyMMM wrote: »

Who was the executor of the will ? This should all have been dealt with at that point.

He certainly shouldn't be paying any rent (unless that is a condition mentioned in the will). The one thing he must not become is a "tenant", as others have warned.

The daughter is the executor and she has not involved my Father in anything. My Father is still in morning over his loss and too be honest would rather not do anything, so this is where I've stepped in. I'm going to have a good look over the will tonight and then seek legal advice.

roger196

The following is what should have happened in the will. Please remember that I am only guessing at the precise wording of the will. Was the will drawn up by a firm of solicitors, in which case he may have redress if the wording was badly done. It helps if there is some written evidence of what your mother hoped to achieve in the will.

It would appear that the will set up a trust with your father as the "life tenant" ( or tenant for life or such shorter period as your father decides). It is only on termination of this "life tenancy", that the daughter inherits. The ownership of the property vests in trustees, who should have been named in the will, along with who has the power to appoint new trustees.

The daughter has no power to charge rent unless the will specifies otherwise. Normally any rent would be paid to the trustees who would have to account to HMRC for any tax in the normal way. Is the daughter telling the taxman?

You need to have a long hard look at the will. You will also need to have a chat with someone who specialises in trust law, not your general solicitor. You might like to buy a copy of "Equity and Trusts" by Alastair Hudson published by Routledge-Cavendish.

Vortex566

I know she has taken out a buy to let mortgage on the property and this is the reason she is charging my Dad rent. Thank you for all your help, I've got some experience in employment law, but this is beyond my scope.

RAS

Vortex566 wrote: »

I know she has taken out a buy to let mortgage on the property and this is the reason she is charging my Dad rent. Thank you for all your help, I've got some experience in employment law, but this is beyond my scope.

She has taken out the capital and assumes therefore that he has to pay for her decision.

He needs to get an experienced lawyer as this sounds deeply dodgy.

Not least as he has a life tenancy, which means the mortgage company should not be able to remove him. if they had known, I doubt she would have got the mortgage.

he is in a vey difficult situation and really does need help.