lodger grandson preventing sale of house on owners death

pinta_2

On behalf of my 86 year old, widowed, father-in-law. He has 3 children who don't live him in his owned house, but has an adult grandson who has been living with him for over 2 years, but who doesn't pay any rent or contribute to utility bills. FIL has a will stipulating that on his death the house should be sold and the proceeds divided equally and given to his children. The grandson says he has "rights" and wouldn't move out, so preventing the sale. Has he any rights at all in this?

Mojisola

pinta wrote: »

On behalf of my 86 year old, widowed, father-in-law. He has 3 children who don't live him in his owned house, but has an adult grandson who has been living with him for over 2 years, but who doesn't pay any rent or contribute to utility bills. FIL has a will stipulating that on his death the house should be sold and the proceeds divided equally and given to his children. The grandson says he has "rights" and wouldn't move out, so preventing the sale. Has he any rights at all in this?

A lodger has very few rights. If he's planning to cause trouble in the future, he needs to be given his marching orders now.

quidsy

I doubt it but as he has shown himself to be a trouble maker I would advise your father in law giving him his marching orders, then problem solved

CKhalvashi

quidsy wrote: »

I doubt it but as he has shown himself to be a trouble maker I would advise your father in law giving him his marching orders, then problem solved

He can be asked to leave at any time, however make sure that upon death, one of the owners moves into the property immediately (preferably same day) to keep the lodgers rights.

At that point, I would issue 4 weeks notice stating locks will be changed, and it's then done.

Any reason he's living there/would need to continue to do so? What are his circs financially?

CK

RAS

pinta wrote: »

On behalf of my 86 year old, widowed, father-in-law. He has 3 children who don't live him in his owned house, but has an adult grandson who has been living with him for over 2 years, but who doesn't pay any rent or contribute to utility bills. FIL has a will stipulating that on his death the house should be sold and the proceeds divided equally and given to his children. The grandson says he has "rights" and wouldn't move out, so preventing the sale. Has he any rights at all in this?

This is really for the wills forum.

However I think that anyone who has been financially dependent on a deceased person can make a claim on that person's estate.

There are also comments on that forum about the difficulties of removing people who have been dependants and were long-term residents in a property that has been left to people who are not resident. This is more often when two or more siblings are left one property and one is resident. It seems quite likely that the non-residents will be unable to remove the resident and sell the property.

Head over to the other forum and suggest that grandfather gets legal advice urgently.

However at this point in time (while grandfather is alive), grandson has no rights to anything other than reasonable notice to leave. What is reasonable depends; if other issue are amicable it might be one or two weeks notice but if grandson is being belligerant 24 hours would be fine.

jee

What do the parents of the grandson have to say about this? Also does your FIL want the grandson to move out?

BitterAndTwisted

Just because someone lives with a relative and doesn't pay rent or housekeeping to them does not make them a dependent.

moneyistooshorttomention

At a very practical level, if cuckoo in nest isn't paying anything towards utility bills, then its highly unlikely that those bills are in his name.

Presumably, they are in granddads name and therefore the account will close when granddad dies. I would be wondering if the Cuckoo would be in a position to provide proof that he was now the one the bills should go to when granddad dies???

I would be investigating whether the utilities could be cut off as soon as the rightful billpayer (ie granddad) dies. Cuckoo would find it a bit difficult to continue living in a house with no gas/electric/water/etc.;)

RAS

You cannot illegally evict a lodger any more than you can a tenant and cutting off the utilities would count as harassment and bring the wrath of the TRO etc down on the person responsible.

We have seen what that can lead to on the renting forum.

FIL needs legal advice and quite possibly a letter telling junior to remove himself now.

CKhalvashi

BitterAndTwisted wrote: »

Just because someone lives with a relative and doesn't pay rent or housekeeping to them does not make them a dependent.

If upkeep is being paid (eg food), then it very well may.

I've never dealt with this in practice, so I know the theory, but not how it works.

CK

BitterAndTwisted

If the grandson is mentally and physically competent, and therefore able to fend for himself even if he chooses not to, then he's not a dependent but a cadger taking advantage.

Grandad should leave the property to his children and bequeath the grandson a fiver.