A house sitters / occupants rights

jay_girlsgirlsgirls

Hi all,

I am just wondering what someones rights are when they move into a property for 6 months, and then potentially move out. The situation is as such:

A friend is going away travelling for a while (6 months +) and is leaving her house (no mortgage, 100% owner) with her Son & his girlfriend (only been together a very short period).

They are NOT paying rent, however will be paying 100% of the bills whilst my friend is away. They are planning to do some work to the house whilst she is away (as well as box up all of her possessions and put them in the loft), including potentially some plastering work / new carpets / other small updates etc to the property.

My question is, would the girlfriend have any sort of claim to the property should they break up? Could it be argued that she has contributed to an increase in value in the house, and as she has paid bills she has put towards it?

I'd just like to make sure that:
a) My friends house is safe, and that it is 100% hers, no matter what upgrades etc are made
b) The girlfriend can make NO claim on the property, and that she is only considered a house sitter and nothing more - the reward is free rent.


I remember once seeing somewhere that if a couple moved in together, and one person contributed one month, they have an entitlement to some of the property - just want to check this.

Thanks,
Jay

G_M

No rent - no tenancy.

Guy is son - family member. No tenancy.

Girlfiend is a licencee / guest. As not paying rent not even a lodger. No rights.

If ownership of the property was in son's name and partner moved in, some rights might follow, if either payment was accepted from her (mortgage contributions, capital towards repair/improvement) or they got married.

chloo

hello i may be very wrong but i wouldnt think she would as it isnt her partners property as he isnt named on the lease/title deeds/mortgage ect!!!


im sure someone will be along in a bit to check.

hth

princeofpounds

The main concern I would have is the work they are planning to do on the property.

This is one of the main ways that people establish an interest in a property without actually paying any money.

Given that the gf is not living with and in a relationship with the house owner I would imagine that the worst that could happen is that she could claim they are tenants and not merely permitted occupiers, and that would mean a court order would be needed to get her out.

Doing work on a property is definitely 'consideration' which could be construed as rent.

Mind you, this area of the law is kind of quirky, so I couldn't be sure.

Does the son normally live there? Is the owner leaving all her stuff there?

Personally, I would be tempted to formalise the tenancy with the son (if he is not normally an occupant) at a peppercorn rent. At least then it becomes a much easier to manage should anything go wrong.

She should also be careful re insurance. Will she be covered with different occupants and a prolonged absence?

Hump

If your friend is living there with her son and the girlfriend before going on holiday and then returns after her holiday then there's no tenancy. At best the girlfriend would be an excluded occupier. No tenancy is created just because your friend is absent for 6 months. In this case what is important is the fact that your friend is ordinarily resident before travelling and her house guests live there with her before she leaves and she maintains the intention to return i.e. by leaving her stuff in the house.

Now it would be different if the son then moves someone else into a spare room (sub lets) and then vacates the property before your friend returns ....... - but that'll never happen .....

carefullycautious

What about squatters rights if girlfriend refuses to leave. Surely she is within her rights as owner has moved out? albeit for 6 months

Hump

Don't believe the Housing Minister the Criminal Law Act 1977 already makes it an offence for a squatter to refuse to leave a property once they have been told of a displaced residential occupier or a protected intending occupier - there was a letter in the Guardian in September ( http://www.guardian.co.uk/society/2011/sep/25/squatting-law-media-politicians ) that summarised the situation. The problem appears to be a Police force that doesn't grasp this along with the media and politicians who have created this concept of squatters rights. So the girlfriend would have virtually nil rights - unless she had entered into a formal licence arrangement with the owner