Friends dad died, can they live there until it’s sold

dawyldthing

I’ve got a quick question. I’ve had a look on google, but I can’t find a straight answer.

A friends dad has died that they have lived with for many years. The siblings are pushing for the sale, which is fair enough, but can they live there until it goes through?

Relatives are telling them to go to the council and get a council place, but I’m not sure if they will be classed as unintentional homeless (as I think when renting it’s if you move out before you’re given the notices the council won’t help find somewhere to live and I’m not sure if it’s the same when moving out of the home they have lived in.)

Plus like I said other day to them it’s cheaper to insure and the like while someone’s living there. They know they will have to move out once it’s sold and have no problem with this, but I’m a bit worried that they could stay there until it’s all sorted?

They have a child too, I don’t think it will change much, but I’m trying to help where I can as I don’t want them to struggle as the dad only died a few weeks back so think it’s a bit fresh at the moment but the family seem to want to get everything done in a rush and I just want to help where I can.

Thanks for your help in advanced.

Savvy_Sue

They should go to the council and get advice: yes they might be classed as intentionally homeless if they leave too soon, BUT if they are relying on council accommodation then they need to crack on.

Ms_Chocaholic

What does the will state in terms of who inherits the property.

dawyldthing

I had a feeling that was the case. I will mention it to her. Thank you

dawyldthing

She’ll get a quarter of the sale as I think there’s 4 of them. So they will have to pay the rent. But it’s more the siblings are wanting them to move out while it’s going through, which I think is daft as it will cost more for the insurance if empty and there happy paying the bills, showing folk round when it goes on the market etc

Dox

Ms_Chocaholic wrote: »

What does the will state in terms of who inherits the property.

More importantly, who are the executors? It is their decision. Just being a beneficiary gives you no say in this particular matter, unless you are also an executor.

Ms_Chocaholic

I asked if they were a beneficiary in the event they could buy out the property from the other beneficiaries; as it's a 4 way split I'm not sure how likely this is.

unholyangel

you've mentioned the council and that they'll get a quarter of the sale value. Would that be enough for them to buy their own place - with a mortgage if necessary to cover any shortfall?

Its usually cheaper than renting - and you have an asset at the end of it. Usually because rent rates are high enough to cover the owners mortgage, costs & profit (at least when private).

Savvy_Sue

Plus if they have 1/4 of the value of the estate, they may be ruled out of social housing, so looking privately is advisable.

Yorkshireman99

dawyldthing wrote: »

I’ve got a quick question. I’ve had a look on google, but I can’t find a straight answer.

A friends dad has died that they have lived with for many years. The siblings are pushing for the sale, which is fair enough, but can they live there until it goes through?

Relatives are telling them to go to the council and get a council place, but I’m not sure if they will be classed as unintentional homeless (as I think when renting it’s if you move out before you’re given the notices the council won’t help find somewhere to live and I’m not sure if it’s the same when moving out of the home they have lived in.)

Plus like I said other day to them it’s cheaper to insure and the like while someone’s living there. They know they will have to move out once it’s sold and have no problem with this, but I’m a bit worried that they could stay there until it’s all sorted?

They have a child too, I don’t think it will change much, but I’m trying to help where I can as I don’t want them to struggle as the dad only died a few weeks back so think it’s a bit fresh at the moment but the family seem to want to get everything done in a rush and I just want to help where I can.

Thanks for your help in advanced.

Legally they have no right to live there. If the resident was financially dependent. On the estate they can apply for the will to be challenged. Not quick or easy. The executors are responsible for the property maintenance and insurance. If they rent it to the resident the normal landlord rules apply and they are legally responsible for this. As for the council unless they are evicted the council have no obligation to house them.

p00hsticks

dawyldthing wrote: »

She’ll get a quarter of the sale as I think there’s 4 of them. So they will have to pay the rent. But it’s more the siblings are wanting them to move out while it’s going through, which I think is daft as it will cost more for the insurance if empty and there happy paying the bills, showing folk round when it goes on the market etc

It may cost a bit more to have the property empty, but it's likely to make a sale much easier - as a potential buyer, I wouldn't even consider putting an offer in on a property in these circumstances without seeing it vacant first.