Ex died and has apparently had a lodger in our jointly owned house

pmlindyloo

Have been doing a bit more research about what happens to a lodger when the landlord dies.

It may be that the lodger automatically reverts to having an assured shorthold tenancy agreement as the landlord is no longer present.

Am not certain about this but I would urge you to telephone Shelter before you go round changing the locks. Of course the lodger may not realise that he might have some rights but because he is claiming HB then he may have asked for some advice from the council.

Make sure you know your rights by asking the professionals - Shelter.

RAS

Hi

You need to speak to Shelter urgently.

1. You need to establish whether the lodger (which is what he was because the LL was resident) is now a tenant or has another status. If he is a tenant, do not start removing him without proper full advice as you do not need a conviction for illegal conviction to add to your woes.

2. If he was a lodger and has not now become a tenant, DO NOT accept any rent payment from him. If you do that you create an Assured Tenancy automatically, even if there is nothing in writing. That means a minimum of 6 months before you can start legal action and perhaps another 4 months before you get him out.

So Shelter is your first port of call.

J20BABY

Thank you for the replies, I have been trying to get through to Shelter for days by still not been able to.

RAS

You might get advice on the housing status by e-mail: http://england.shelter.org.uk/get_advice/how_we_can_help/advice_by_email

System

From https://www.gov.uk/government/publications/letting-rooms-in-your-home-a-guide-for-resident-landlords/letting-rooms-in-your-home-a-guide-for-resident-landlords

Last paragraph

What if I sell the property or die?

There are special rules which can ensure that tenants do not automatically become tenants as soon as a resident landlord sells his or her house, or dies, if the new owner will also be living in the property.
If the house is sold, the new owner must:

• give notice within 28 days that he or she intends to take up residence, and
• he or she must actually move in within six months of the sale

Until the new landlord moves in, the tenant enjoys the same security of tenure as if the tenancy was assured shorthold (or assured or regulated). This protection will then be lost so long as the landlord meets the six-month time limit.
Periods of non-occupation following the death of a landlord can be disregarded in certain circumstances. Where these periods are to be disregarded, tenants do not have the greater level of protection of an assured, assured shorthold or regulated tenancy – that is, they will be treated as if the landlord was still resident.

J20BABY

Shelter basically said they cannot help me as they are unable to advise on how to make someone homeless.

DandelionPatrol

J20BABY wrote: »

Shelter basically said they cannot help me as they are unable to advise on how to make someone homeless.

Be devious and evaporate the information out of them. Put yourself in the role of the lodger and ask them what rights the estate has against you.

J20BABY

DandelionPatrol wrote: »

Be devious and evaporate the information out of them. Put yourself in the role of the lodger and ask them what rights the estate has against you.

But then I would need to know what my tenancy agreement says if I have one! I'm going to pop round and see if I can find anything out, I don't even know if it is true as ex's mum may be lying so I can't be seen to be doing anything wrong as I don't know anything!

Savvy_Sue

If you have a house phone number, ring it?

J20BABY

Savvy_Sue wrote: »

If you have a house phone number, ring it?

No house phone unfortunately..