HELP - Elderly neighbour about to lose his home!

4416399018

I'm desperate for some advice. I've just had my elderly (and absolutely delightful) neighbour come round very upset. Basically he lived with his now deceased partner for many years in a home that she owned. In the latter years, he lived there as her carer as she suffered  from dementia. She expressed her wish that when she passed away that he should be allowed to occupy the property for as long as he wanted, or until his death - although this was, as far as I understand, never written into the will.

The deceased partner's daughter has now (5 years later) now asked my neighbour to leave because she wants to release the equity from the property to do some improvements on her own home.

So, what rights does my friend have? Where would I begin to look for advice and support for him? He's been the best friend to me since I moved here 5 years ago, despite the 50 year age gap! He really is an amazing gentleman, one of life's genuinely nice people and we all think the world of him. We've obviously offered him our spare room but he's understandably reluctant to come here. He's a very independent 80+ year old, still driving and is always out in the village 'looking after the old people' (mostly younger than he is), taking them shopping and doing odd jobs for them!

Chilli6

Has he been paying the bills etc since his partners death?  If the house is technically legally the daughters (does he know if it is?) then wouldn't she technically have been his landlord for the past 5 years?  
If it were myself in this situation I would go to a solicitor for advice.
I imagine it will depend on various factors including whether the property was left to the daughter in the will. At least the solicitors can look into all that and give advice for him. 
Poor bloke, sounds like a shock for him after 5 years of staying there 

4416399018

Thank you! Yes, he has been paying all the bills etc. I'm not sure about the landlord/tenant bit because he hasn't been paying any rent. She owned the property outright so there was nothing left to pay on it. It has been left to the daughter. I'm trying to persuade him to get hold of a copy of the will but realise it's really none of my business. I just want the very best for him and for him to be somewhere safe and warm.

[Deleted User]

If he's only been paying utilities bills then it sounds like he's an excluded occupier and therefore very easy to evict. It wouldn't even need a court order. 

He needs to get hold of a copy of the will to find out if he was granted a life interest in the property. If he wasn't then I don't think there's anything he can do to stop the daughter selling and/or evicting him. I think he should contact Shelter to discuss his housing options in parallel with getting a copy of the will. 

wilfred30

I think the first thing your neighbour needs to do is get a copy of her Will.  Without that, it would be pointless going to see a solicitor.

If the Will states that he has a life interest or can live there as long as he likes, that's the time to get advice from a solicitor.

If it doesn't mention anything like that, I'm not sure there's anything he can do about the daughter wanting to sell what is rightfully hers.

Presumably as he's been living there rent free for the last 5 years, he would have enough savings to rent privately somewhere else or, possibly, see if the Council will house him.

NewShadow

As well as the above, would your neighbour be in the position to start paying some money to the daughter? 

Looking for solutions here, but if she were to get a mortgage on her current property*, or a loan, he could give her the cost of the repayments - that way she gets the money she needs now/benefits from him paying for her improving her property and he gets to keep living where he's settled until his passing.


* I say on the current property as there would be complications taking a mortgage on this property as a BTL. 

oldbikebloke

if he does not have a life interest documented in the will, he has no rights to remain in opposition to the daughter's wishes. He could delay the inevitable by making her "go legal", but at the end of the day if he has no right to be there, he will lose.

csgohan4

So sad, what a piece of work that woman is. But sadly is her right as she owns it. As above shelter is your first port of call for matters all housing. 

-taff

https://www.gov.uk/search-will-probate

xylophone

First a copy of the will. https://www.gov.uk/search-will-probate
Then, if no IIP and the daughter wants to sell, approach the Local Authority to enquire about any housing schemes that may be available for older people.  You might also investigate almshouse availability and any special assistance that may be available because of a connection with a particular religious affiliation/ armed forces/masonry etc etc.

lincroft1710

csgohan4 said:

So sad, what a piece of work that woman is. 

That is not very fair. Unless OP's friend has a life interest, it is the daughter's house to do with as she pleases. IMHO letting him live there for 5 yrs rent free is quite generous, she could have turfed him as soon as probate obtained and then sold the or let it house out. The deceased partner may never have told her daughter she wanted him to live there.