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Help Needed With Legal Rights On A Will
Comments
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First of all it is not an assured short hold tenancy full stop.
Not necessarily true. If the will is defective or successfully challenged and grants no status to the OP's father then the fact that he has occupation and has paid rent would create an AST.0 -
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Yes sounds like a case of needing proper legal advice. He should get a free half hour to start him off anyway and see if he qualifies for help with it.0
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One thing which hasn't been mentioned or asked, did your father own any part of this property or was it all his partner's?Make £2026 in 2026
Prolific £177.46, TCB £10.90, Everup £27.79, Roadkill £1.17
Total £217.32 10.7%Make £2025 in 2025 Total £2241.23/£2025 110.7%
Prolific £1062.50, Octopoints £6.64, TCB £492.05, Tesco Clubcard challenges £89.90, Misc Sales £321, Airtime £70, Shopmium £53.06, Everup £106.08, Zopa CB £30, Misc survey £10
Make £2024 in 2024 Total £1410/£2024 70%Make £2023 in 2023 Total: £2606.33/£2023 128.8%0 -
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.
I hope she declared that there was someone living there who had the right to do so by the will. If not the lender may have stated in the standard terms and conditions of a BTL mortgage that the place is either vacant or has tenants under an AST.
If they did find out that there was someone with the right to live there (;)) they could call in the mortgage or pursue a case of obtaining money by deception.
What has the daughter done with the money?I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.0 -
Did your mother state that your dad could live in the house for as long as he wanted rent free or was rent not mentioned.make the most of it, we are only here for the weekend.
and we will never, ever return.0 -
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princeofpounds wrote: »Not necessarily true. If the will is defective or successfully challenged and grants no status to the OP's father then the fact that he has occupation and has paid rent would create an AST.
No; it might be an assured tenancy, but not an assured shorthold.
Similarly it might be held by trustees, or passed to the daughter, subject to the occupation.Stop! Think. Read the small print. Trust nothing and assume that it is your responsibility. That way it rarely goes wrong.
Actively hunting down the person who invented the imaginary tenure, "share freehold"; if you can show me one I will produce my daughter's unicorn0 -
I hope she declared that there was someone living there who had the right to do so by the will. If not the lender may have stated in the standard terms and conditions of a BTL mortgage that the place is either vacant or has tenants under an AST.
If they did find out that there was someone with the right to live there (;)) they could call in the mortgage or pursue a case of obtaining money by deception.
As well as being potentially on dodgy ground with the mortgage, the daughter has left herself open to legal problems through not administering the estate properly as an executor should. An executor can't alter things so that they benefit directly and making your father pay rent if the will gave him the right to live rent-free is not on.
Whatever happens, he shouldn't be giving her cash!0 -
No; it might be an assured tenancy, but not an assured shorthold.
I know we are quibbling over what is very much plan B here, rather than primary issue over the strength of the will, but I'm not sure how you arrive at your conclusion?
Is it because he has been in occupancy for a long time? Because the tenancy would only have started once he began to pay rent to the 'landlord', and that is a recent thing. Prior to that he would have been a permitted occupier, not an assured tenant.0
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