What rights does my FIL have?

moneybunny123

This might be a lengthy one...

My father-in-law, who's 67, has been living with a woman for over 15 years now, in her house. This is the second house they've lived in together. I imagine they started out as partners (my husband never really asked him), but now they're definitely just companions and have separate bedrooms. They, I suppose, care for each other and both feature in the others will, but they're definitely not a "couple". My FIL pays £500 into a joint account every month to contribute 50% towards the bills. (I don't believe she has a mortgage as she's retired). He does all the DIY around the house, paid half towards a new kitchen, does all the gardening, etc, etc.

However, after a big argument the other day, she told him she's fed up of him living in her house and has told him that he has a month to find somewhere else to live.

He does have some considerable savings, and I imagine he could probably find somewhere small to buy or even rent. BUT, what rights does he have over her house? He could prove that he's been contributing for years - almost 2 decades - but here's the crux, there has never been a tenancy contract between them - they've just always had a verbal agreement that he can live there with her.

He has a couple of dogs and cats, so wherever he goes to live he has to take them with him (which could prove difficult).

He has incapacity benefit (has Type 1 diabetes amongst other things). Would he be entitled to a state-funded home/flat given that he has savings (which he hints at being in the tens of thousands - maybe even as much as 80k)

Any info/advice welcome.

BitterAndTwisted

As a long-term live-in partner he might be able to establish a claim on a percentage of the property. Actually getting it is another thing entirely. He needs legal advice. He also needs to enquire of his local authority about whether they might have some kind of retirement properies available to rent for people with health issues. With substantial savings he might need to make his own arrangements.

pmlindyloo

I agree with B&T that your FIL should seek legal advice as regards the house.

Also I would suggest that he seeks some advice as regards his IB.

In the near future I believe that he will be transferred from IB to another benefit.

Because of his age I am not sure what benefit he would transfer to - possibly Pension Credit or maybe he would not transfer at all???? (can someone help?)

However, because of his substantial savings/pensions (?) he should get a benefit check up so that he can plan for the future.

Mojisola

moneybunny123 wrote: »

My father-in-law, who's 67, has been living with a woman for over 15 years now, in her house.

He has incapacity benefit (has Type 1 diabetes).

Why is he on IB at his age? He should be getting his state pension and may be entitled to pension savings credit. If he has health needs, he may be entitled to attendance allowance.

pmlindyloo

Mojisola wrote: »

Why is he on IB at his age? He should be getting his state pension and may be entitled to pension savings credit. If he has health needs, he may be entitled to attendance allowance.

You can choose to remain on IB when you reach pension age.

It could be that the OP's FIL has deferred his pension.

It could be that his benefits were assessed as his being in a couple - who knows? and he was financially better off claiming IB as it is contribution based.

Whatever the circumstances he needs to get some benefit advice.

Mojisola

pmlindyloo wrote: »

You can choose to remain on IB when you reach pension age.

It could be that the OP's FIL has deferred his pension.

It could be that his benefits were assessed as his being in a couple - who knows? and he was financially better off claiming IB as it is contribution based.

Whatever the circumstances he needs to get some benefit advice.

If he's deferred his pension while claiming another benefit, he won't get any increase in pension when he does eventually claim it.

A benefit check would be a good idea - AgeUK or CAB.

Could be worth talking to Shelter as well.

moneybunny123

I agree he needs some advice from his local authority to see what (if anything) he's entitled too. It may be that he's not on IB - I do know that he has a car allowance based on his diabetes.

I was more concerned about his rights over the house he lives in. Does she have any right to throw him out in less than a month?

Mojisola

moneybunny123 wrote: »

I was more concerned about his rights over the house he lives in. Does she have any right to throw him out in less than a month?

Yes, she does because it's her house but, because he has contributed to the new kitchen and done diy round the house, he may have a claim on part of the value of the property.

Mojisola

http://england.shelter.org.uk/get_advice/families_and_relationships/living_with_a_partner_or_spouse#7

If you are not married or in a civil partnership, the non-owner can choose to make contributions towards the mortgage or the running of the home. However, this does not mean that the non-owner will be entitled to a financial share of the home, unless you have a legal agreement that says that they will.

In addition, the owner will be able to:

evict the other person without getting a court order
rent out or sell the home without the other's agreement
take out a loan against the property without the other's consent.

cte1111

I don't think he will have any rights over the house. He's a lodger and can be given 'reasonable notice', as he has been. There are very limited rights for lodgers:
http://www.lodgers.com/evicting-a-lodger.html

The money for the kitchen is the only possible point in his favour, possibly he could try to claim that back from his landlady. What agreement did they have about what would happen if one or other of them decided the living arrangement wasn't working any longer?

He will need to use his substantial savings to rent somewhere, no reason for the state to support him when he's got plenty of money to support himself.

moneybunny123

ok, so I've read everyone's replies and also the link in Mojisola's reply #9. So, if he could be bothered, he could be entitled to claim back what he spent on the kitchen, etc. and that's about it. Hmmm.

I don't think it's in his character to go and sue her to reclaim some or all of his investment in her home. Our priority now is making sure that everything from this point onward is legal, fair and right.