Rights of adult kids in family home

aldridge99

So due to our town having basically no where to live, me and my sister are still in our family council home, we both pay over half the rent and buy own food. quick background on whats been happening the last month, our mother cheated on her 17 year partner who was basically our step dad, she moved a Polish guy in 2 days later, making us both feel uncomfortable in our home and now she keeps threatening to kick us out and says she wants us out, rest of the family say its a midlife crisis but the behaviour has been totally unacceptable.

My question is do we have any rights? we both have a full rent history via our banks, but do not have a written tenancy agreement as its just always been our home and was only given to our mother as she had 2 kids under 16 at the time.

Can she just kick us out on the same day, or do we have any legal rights that gives us time and written notice that she wants us gone? We both do not want to be here anymore but in our town, getting a place could take a month or so, even getting emergency accommodation from the council could take a week or so from what they have said.

anyone with any knowledge or experience in this would be so grateful, as being threatened with homelessness is not a fun situation to be in.

Thanks

theartfullodger

If you are not named on tenancy then probably mum can boot you out with little or no notice.

When you say "full rent history via our banks" do you mean you two have been paying ALL the rent? If so, perhaps different, 'phone Shelter, 0808 800 4444

Your rights will partly depend on your ages: How old are you??

Run these calculators to see what you might get..
https://www.gov.uk/benefits-calculators

Good luck, hope things get better

aldridge99

im 26 my sister is 27 and we transfer rent to our mother each month via our online banking and pay over half the rent between just me and my sister. so there is no legal rights of written notice or anything?

Rambosmum

If you aren't on the tenancy agreement then you would have minimal rights, e.g. those of a lodger.


Get looking elsewhere for accommodation.

McKneff

Of course you are not paying rent. You are paying for 'board and lodge' the same as every other famiky members pay.

You have no rights whatsoever.

At your ages you should be building your own lives.

Just do something about sharing a flat together , this can be done in a matter od days not weeks.

I thought you were a couple of 16/17 year old to be honest

gettingtheresometime

I think I would be spending some time looking for somewhere else to live whether that be a flat between the two of you or two rooms in a shared house.

Have a look on spareroom.co.uk

You have an inkling that this may happen so its better to be prepared rather than hope the situation sorts itself out


If you think that she would kick you without no notice then research cheap b&bs also.

Bex981

I'm no expert but it actually sounds like you have 'squatters rights'. You have been allowed on the premises lawfully therefore the new rules on 'squatting' don't apply. Speak with citizens advice or a free solicitor? they have drop in clinics which can be found on google.

rachel230

If you can prove that you have both being paying rent and have considered that your home for many years, you may well have rights. It is not cut and dried.
Shelter is the best place to advise you.

Jenniefour

Bex981 wrote: »

I'm no expert but it actually sounds like you have 'squatters rights'. You have been allowed on the premises lawfully therefore the new rules on 'squatting' don't apply. Speak with citizens advice or a free solicitor? they have drop in clinics which can be found on google.

Hold on, that advice is incorrect. That's putting it politely and mildly!

OP - get out there, look on Spareroom airbnb etc., stay with mates for a while if you can.

Pixie5740

From Shelter's website:

You are an excluded occupier

If you pay rent to friends or family, this means that they are your landlord. You don't have many rights if they ask you to move out, which may make it difficult for you to enforce any other tenancy rights, such as getting repairs done:

They do not need to prove a legal reason or get a court order in order to evict you.
You are entitled to 'reasonable notice' but this doesn't have to be in writing.
Read our page on excluded occupiers for more information about your rights.

You do however have the right as an adult to fly the nest. I don't believe there are no homes available in the town you live. If it's the case that you can't afford to live in that town then cast your net a little wilder or consider a houseshare or being someone else's lodger.

Pixie5740

Bex981 wrote: »

I'm no expert but it actually sounds like you have 'squatters rights'. You have been allowed on the premises lawfully therefore the new rules on 'squatting' don't apply. Speak with citizens advice or a free solicitor? they have drop in clinics which can be found on google.

No !!!! Sherlock. The OP is in no way shape or form a squatter.