lodger grandson preventing sale of house on owners death

silvercar

Grandson could be providing companionship and security to 86 year old.

jee

Unless the FIL has actually asked for the grandson to move out then why should he?

HPoirot

If FIL passes, you should not accept rent from the grandson and instead get the executor to write to him giving him notice to leave. Better, one of the heirs moves in and takes over the role of owner-occupier so that the grandson does not become "protected" as he thinks he already is. Better still, FIL writes a note asking grandson to leave. Whether he leaves or not, the note would clear his position.

Edit: I would go for all 3 above.

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?

If FIL is genuinely happy to have his GS live with him without GS contributing to the costs, everything's fine as it stands.

If FIL isn't really happy with the situation, family members should help him resolve it.

When FIL dies, his executors need to be ready to implement his wishes, ie, sell the house. If FIL wanted GS to continue to live in the house, he would have amended his will to allow this.

http://england.shelter.org.uk/get_advice/sharing_and_subletting/lodgers
If a lodger shares facilities such as the kitchen and bathroom with the landlord, s/he will be an excluded occupier. Excluded occupiers have very few rights. The landlord will only have to give reasonable notice, which could be a very short amount of time, in order to evict them.

It would be a lot easier to get the GS to move on while FIL is around to do it, if that is what he wants.

pinta_2

Thank you everybody for your advice, time & guidance, it's been very helpful and has given the family some avenues to explore. We are hoping to settle this amicably but it is clear my FIL shoud seek professional advice in respect of the grandson (who has been company and security it is fair to say) being dependent or not.
This is my first time on the forum and it has been a very good experience. Thank you all.

CKhalvashi

pinta wrote: »

Thank you everybody for your advice, time & guidance, it's been very helpful and has given the family some avenues to explore. We are hoping to settle this amicably but it is clear my FIL shoud seek professional advice in respect of the grandson (who has been company and security it is fair to say) being dependent or not.
This is my first time on the forum and it has been a very good experience. Thank you all.

It's no problem and we're here if you need anything else.

I was thinking a moment ago, please make sure GS doesn't end up homeless at the end of this. I've seen a case last year where there was a GS staying with grandparent, that ended up sleeping under a play slide until we found him 6 months later, as he didn't want his family to know what had happened.

CK

Person_one

BitterAndTwisted wrote: »

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.

Hang on, both parties could be completely happy with the current arrangement. Is there something inherently terrible about a grandchild living with a grandparent?

Maybe this guy is just worried that his parents/aunts/uncles might want to turf him out of his home with nowhere to go the day after his granddad's funeral to get at their inheritance quicker?

In the absence of some bitter family feud, or abusive relationships, surely this can all be sorted amicably and with nobody left with no roof over their head?

sacha28

BitterAndTwisted wrote: »

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

No, it makes them a leach. The house owner is an elderly man who has been widowed, so vulnerable in every sense of the word. This Grandson needs to be removed from the house immediately.

securityguy

sacha28 wrote: »

No, it makes them a leach. The house owner is an elderly man who has been widowed, so vulnerable in every sense of the word. This Grandson needs to be removed from the house immediately.

And the grandfather would be better off from this because...?

spacey2012

They are no "wishes" upon death, just as there is no Santa, tooth fairy or Sky God.
Upon Death the will takes precedent, any contract a "lodger" had with the householder ceases upon death and they can be evicted under squatting legislation.