help needed sitting tenant?

lynnie1965

my husband has lived in his home owned by his late father and step mother for 30 years. 12 months ago his father died but it was always understood that he inherited the house when his step mother passed now she wants to sell it what rights has he got as he is the caretaker of this hmo as well

EdwardS033

He may well have a regulated tenancy under the Rent Act if he moved in prior to 15 January 1989. If it was a self contained property he would have been but the HMO aspect may cause problems if the landlord also used to live there too. See link below

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/11445/138295.pdf

The owner may well sell it but the tenancy could still be valid.

lynnie1965

he has no tenancy as such as he is the son of the late owner and stepson of present owner , he has always done the repairs , upkeep and taken care of the property for 30 years and he has always found tentants for the other flats in the building he did have a tenancy when he first moved in 30 years ago and it was a long one

00ec25

lynnie1965 wrote: »

he has no tenancy as such ....

he did have a tenancy when he first moved in 30 years ago and it was a long one

those statements contradict each other.

does he currently pay rent?
did he ever pay rent in the past? If so why did it stop being paid?

Bennifred

What does his father's will say about the property?

lynnie1965

the will states when the step mother passes the estate will be split between three children equally and he doesnt pay rent for the last 4 years as he is caretaker so gets free rent instead of a wage

pmlindyloo

So basically his step mother owns the property and he is her employee getting rent paid instead of a wage.

I wonder if this applies:

http://england.shelter.org.uk/get_advice/downloads_and_tools/tenancy_checker

Complete the checker.

I would give Shelter a call and see what they say.

Jenniefour

Legal advice may be needed here. Has you step mother been left the properties or is she simply allowed to have an interest (e.g. income) until she dies? Wills can't be changed ad hoc after someone dies. If you're not absolutely certain of the implications in fathers will then go and see a solicitor and take the will with you. You might be able to get a free half hour.

You need to find out if she has the right to sell the property or not. Hopefully, the fathers will is crystal clear and watertight - even if you need a solicitor to explain it.

G_M

Legal advice needed.

The terms of the will need investigating. It is unclear if the step mum inherited since the will states wht will happen on her death. She may just be holding the Estate in Trust for the children. Thus may not be able o sell. Get inheritance advice.

The tenancy is also complex and needs closer examination. Get tenancy advice.

00ec25

as others say you need legal advice but as a starter...

the only way stepmother could now sell the property is if she has acquired legal title to do so, possibly because she was already an owner with title as a Joint Tenant, in which case sole title to it passed to her automatically on father's death and it is now hers to sell. She cannot sell it unless she has ownership and nothing you have posted so far explains how she has title

your wording regarding the will rather vague... "upon stepmother's death the estate is to be split equally" is significantly different to upon stepmothers death the 3 siblings are each to get an equal share of the property. Only under the latter wording would the "understanding" that the property is "to come to" your husband be correct, and even then he would have to buy out the other 2 siblings if they wanted their share of the property in cash

if stepmother has legal title to the property she can sell it and the money is still part of the estate and therefore still available to be split when she dies if that is indeed the terms of the will. Of course you then have the problem that there is nothing to stop stepmother spending that money and leaving the estate worthless

you need legal advice from someone who can read the will in detail