Dead landlord?

Legacy_user

Have just come across this situation:

Father owns freehold property

He lets his son occupy the top floor flat while he lives on the lower. Son pays him rent of £100 pw as well as all council tax/bills because he was elderly and needed support and son was grateful for the flat.

This went on until the father died in 1982. As far as I can see, the executors of his will got probate, but did not complete, and the son continued to live in the property as usual due to never being approached. No landlord came forward asking for rent and the house is still registered under the deceased father's name.

What do you reckon would be the status of the son now, over 30 years later? Nobody wants to throw him out, but would he be a sitting tenant?

Thanks so much for any thoughts.

Nobbie1967

Who was the building left to in the will? Is the son still paying rent and who too? Who's occupying the fathers old flat?

System

Hi there, thanks

- Building (we now find out) was left to another son who has no interest in the house and is difficult to contact (which is probably why nothing was done, probably was avoiding the situation).

- He hasn't paid rent to anyone after his father died. He was never approached and he had no sight of the will/didn't have an executor's role. I think he genuinely just continued to live there thinking it would be sorted out one day. He is quite old himself now.

- Other flat is unoccupied but the son uses it for storage

princeofpounds

Probably a sitting tenant yes - separate dwelling (despite presumably single title), paid rent, had occupancy, prior to 1988.

But we are going back in time quite some way here! So proper advice might be in order depending on the situation.

Why do you ask?

AdrianC

Adverse possession...?

stator

Adverse possession wouldn't apply since he's a tenant and has permission to be there. The question is what type of tenancy and before 1989 it might be one that means he can't be evicted.

Pixie5740

Who would want to throw him out? It sounds as if his brother owns the property and hasn't been bothered about it since 1982.

Assuming this is in England or Wales....

Whilst his father was alive he might have been an occupier with basic protection since he lived in the same building has his LL but did not share any living space. After that though I think he has a Regulated Tenancy.

"A regulated tenancy is a long-term tenancy with a private landlord.

You are likely to be a regulated tenant if you pay rent to a private landlord and your tenancy started before 15 January 1989. You may still be a regulated tenant even if you later signed a new tenancy agreement after that date with the same landlord.

You won't be a regulated tenant if you've lived in the same property as your landlord since your tenancy started.

A regulated tenancy might be for a fixed term such as a year or it could be a periodic tenancy and roll from week-to-week or month-to-month."

You could always contact Shelter to clarify the T's status and rights.