What rights does my sister have

will369

Hi guys,

basically my sister and her ex partner (Mark) were living in a house marks parents brought. They payed them rent each month.

Now they are kicking my sister out. But what rights does she have as my sister has a 1 year old son. No contract was signed.

BitterAndTwisted

A contract has been formed even if it's not in writing. Purely by living there and paying rent proves there was a contract.

Are the parents kicking both adults out, or just your sister and her child? By what means are they trying to evict her? What they cannot do is just change the locks while she's out

pmlindyloo

will369 wrote: »

Hi guys,

basically my sister and her ex partner (Mark) were living in a house marks parents brought. They payed them rent each month.

Now they are kicking my sister out. But what rights does she have as my sister has a 1 year old son. No contract was signed.

Just so that we are clear.

Who paid the rent - sister/ex partner/both?

Is the ex partner the father of the one year old?

ValHaller

Important: Edit your post and take the partner's name out.

She almost certainly has some sort of tenancy as rent was paid. His parents would then have to issue a valid S21 notice to force her to leave. And even then they would have to take it to court to get a possession order to move them out. And I think I would be right to say that they would have to issue the order against both of them and take both of them to court. Kicking anyone out without a court order would be a criminal act.

If they do it wrong, don't tell them it is wrong, let them find out for themselves. Does she have evidence of ahving paid rent? She should keep this safely away from the house together with important paperwork in case the worst happens - with you perhaps?

will369

Sister and ex partner both paid half the rent each month and gave it to his parents cash in hand every month. So has no evidence of any paid rent she has paid. They aren't going to chuck her out if she hasn't sorted emergency accommodation out, so until she does I think she is ok to stay there a little longer.

Mojisola

will369 wrote: »

Sister and ex partner both paid half the rent each month and gave it to his parents cash in hand every month. So has no evidence of any paid rent she has paid. They aren't going to chuck her out if she hasn't sorted emergency accommodation out, so until she does I think she is ok to stay there a little longer.

So presumably the parents aren't declaring this money to the tax office?

will369

no they arent thats why they want cheap rent and cash in hand

moneyistooshorttomention

Couple of points there:

1. I would imagine the tenancy is in the son's name only (as its his parents that own the house) and therefore the OP's sister won't be listed as a tenant in all probability.

2. With the rent being payable as cash to son's parents - then I don't suppose any tenancy exists at all officially and therefore there probably won't be any official comeback for evicting a tenant's former partner (or even the tenant himself).

3. OP admits the rent is cheaper than market rent level. If there were any comeback for this being undeclared - then, in the parents' position, I would be asking the son for the difference between actual rent payable and the normal market rent they could have charged someone else. I would then find a way to give my son back his half share of this difference, but charge OP's sister her half share of the difference.

So - if OP's sister starts being awkward about moving out and/or ANYONE (no matter how anonymously) reports this then I think the first thing OP's sister can expect is to receive a bill on her doorstep for unpaid rent.

I think this could end up blowing up spectacularly in the face of OP's sister if she tries to stay in the house against the will of ex and/or his parents or make any financial claim against a house that isnt even owned by her ex.

Re the child - that is a totally separate issue and to be dealt with totally separately I would say. The fact that this house doesnt even belong to the ex-boyfriend means that that doesnt come into that particular equation.

real1314

moneyistooshorttomention wrote: »

3. OP admits the rent is cheaper than market rent level. If there were any comeback for this being undeclared - then, in the parents' position, I would be asking the son for the difference between actual rent payable and the normal market rent they could have charged someone else. I would then find a way to give my son back his half share of this difference, but charge OP's sister her half share of the difference.

So - if OP's sister starts being awkward about moving out and/or ANYONE (no matter how anonymously) reports this then I think the first thing OP's sister can expect is to receive a bill on her doorstep for unpaid rent.

On what basis could the parents retrospectively increase the rent charged?
And if, as you claim, the b/f is the tenant, how would they be able to bill the OPs sister for any rent at all?

Your post makes no sense at all. in fact it's totally bizarre! :cool:

Wywth

will369 wrote: »

...what rights does she have as my sister has a 1 year old son. No contract was signed.

will369 wrote: »

So has no evidence of any paid rent she has paid.

By the sound of it, no rights whatsover.:cool:

Squatters rights (in residential property) are no more, and is infact illegal nowadays.

theartfullodger

Cash in hand, presumably no receipt. Sigh! So they all knew fine well fiddling (tax etc) was going on.... I have no sympathy & hope parents are grassed up to HMRC fraud line.

One point: In Scotland spouse (common, civil or married) has rights to live in the property.

Can she show (eg bank statements showing she withdrew same amount each month in cash?) evidence of payments at all? Anything in writing/email about the arrangements?

Me, I'd deport tax-cheats - we don't want scum like that in our country.

Cheers!