Could 'tenants' have become owners (Scottish Law)?

amcluesent

Here's a bizarre but true situation.

Many years ago an elderly lady agreed to allow a family to live in a small house she owned. This was a verbal agreement. On her death, the house passed to a relative who allowed this situation to continue, no rent paid, no rent book, all based on a handshake.

The owner has paid for some items for which documentation exists, but a large amount of DIY work was done by the occupiers.

This situation has lasted for many years, I've been told perhaps 25.

Now the house needs major structural repairs!

Q. Have the occupiers any means to claim a title on the property under Scottish Law?

Q. Has the owner any means to evict the occupiers (other than an £££ legal process).

Q. Could the house be sold at auction 'as is', even if it only gets a nominal sum?

How would MSE peeps recommend the situation is brought under control. I've had this dumped on me as the current owner is now too old to cope. :mad:

DVardysShadow

Now I see why your avatar is pulling a face ....

This is not a scots law answer. My feeling is that the occupiers have probably accrued too many rights to do be able to do anything straight forward about this. You are now in the realm of taking good formal legal advice, possibly on a subterfuge.

I would say - assuming that ownership is almost totally extinguished, about the only thing you can do is along the lines of move these people out into alternative accommodation to effect the repairs and re-establish ownership, then move them back in and either deal with them or sell the property with sitting tenants. A lot of i's and t's to cross and dot to make this work and be a better option than abandoning the property.

theartfullodger

Ask SaL (if not already member then join - some £90 - then ask..).

Or tc young - who claim to be experts - see..
http://www.tcyoung.co.uk/page/Home.aspx

When you say "dumped on you" are you Scots solicitor or some similar role ??

re..

amcluesent wrote: »

...

Q. Has the owner any means to evict the occupiers (other than an £££ legal process).

........

Think question is, has owner any means to evict occupiers..

According to Shelter (see..

) - but beware, their checker is probably only valid for recent arrangemengts (say less than 2 years old,,), not sure about 25yr old deals...
the occupiers are

You're a non-tenant occupier

If you don't pay rent, this probably means that you don't have a lease. In this case you're likely to be a non-tenant occupier.

Shelter's advice on rights is here..
http://scotland.shelter.org.uk/get_advice/advice_topics/renting_rights/about_your_tenancy_rights/non-tenant_occupiers

Eviction

If your landlord wants you to leave, they should give you reasonable notice. Reasonable notice means your landlord should take into account your situation (for example, if you are ill) and give you long enough to find somewhere else to live.
If you refuse to leave, your landlord may need to get a court order to evict you, but this will probably be granted easily and you could well end up paying their court expenses.

but I think the issue will be proving that the story you have been told is the truth. The occupiers may well claim a different version.

Have the register of sasines been checked to see who is recorded as the owner??

What a mess: Stupid landlord(s)!!

Owain_Moneysaver

amcluesent wrote: »

Q. Have the occupiers any means to claim a title on the property under Scottish Law?

They could try claiming ownership, but would probably be unsuccessful. The documentary evidence of repairs done by the owner would be helpful in refusing that claim, and also any claim of ownership by adverse possession. However they might also try claiming some form of beneficial interest in the property and the right to continue living their on the same basis.

amcluesent wrote: »

Q. Has the owner any means to evict the occupiers (other than an £££ legal process).

No, there is never any means to evict occupiers other than by legal process. Crucially, the occupiers may or may not be tenants. If they are, in law, tenants, they enjoy considerable protection against unlawful eviction and can claim compensation for unalwful eviction or harrassment.

amcluesent wrote: »

Q. Could the house be sold at auction 'as is', even if it only gets a nominal sum?

Depends on whether the occupiers are, in law, tenants or not. If they are not tenants, producing no rental income, but retain rights to remain in residence, no-one will want the property.

amcluesent wrote: »

How would MSE peeps recommend the situation is brought under control. I've had this dumped on me as the current owner is now too old to cope. :mad:

You need to get legal advice from a Scottish solicitor specialising in property and tenancy law.

googler

Owain_Moneysaver wrote: »

You need to get legal advice from a Scottish solicitor specialising in property and tenancy law.

What he said.....

chappers

Get legal advice straight away, this one could be a right hornets nest.
Worst case scenario they could get adverse possesion. As far as I can see the best case scenario is that they have an infered tenancy at a very low rent for a long time, not sure of Scottish law but here in E & W they would have very secure tenure with limited scope for raising the rent and an obligation on you to effect repairs.