HELP - Elderly neighbour about to lose his home!

Mojisola

4416399018 said:

Despite the now deceased partner expressing her wishes that he be allowed to remain in the property, the agreement was reneged on a few years back and the daughter insisted on him paying rent to be there (he's only just told me this now!). So I guess he's actually a tenant really?

Has the daughter been complying with all the legal responsibilities of a landlord?

4416399018

I don't believe so. He's been doing all the maintenance on the house himself, including working on the sodding roof! Although I am unsure of what landlords are responsible for.

TN1984

4416399018 said:

Apparently I wasn't entirely correct. Despite the now deceased partner expressing her wishes that he be allowed to remain in the property, the agreement was reneged on a few years back and the daughter insisted on him paying rent to be there (he's only just told me this now!). 

So I am assuming it was an informal request to her daughter to allow him to live there? Was it definitely not mentioned in the Will?

4416399018

TN1984 said:

4416399018 said:

Apparently I wasn't entirely correct. Despite the now deceased partner expressing her wishes that he be allowed to remain in the property, the agreement was reneged on a few years back and the daughter insisted on him paying rent to be there (he's only just told me this now!). 

So I am assuming it was an informal request to her daughter to allow him to live there? Was it definitely not mentioned in the Will?

I don't want to push him for information, he's pretty upset about it all. However, he did say it was written down somewhere but he didn't think it was in the will and didn't think it  couldn't be enforced. He also doesn't want to rock the  boat and is very much of the mindset that if she wants him gone, he'll just have to go. All very sad. We're in a very small community and we all think the world of him.

xylophone

I would still check the will.
If there is no IIP and he is paying rent to the daughter, then he is a tenant and has a tenant's rights.
Does he have a tenancy agreement?
https://www.gov.uk/renting-out-a-property

xylophone

If he doesn't want to fight the eviction, explore the avenues suggested in my previous.
An elderly person of my acquaintance had to leave the property she was renting and the LA found her a delightful flat in a scheme with all facilities on hand and only half a mile or so from her old home. She was completely independent and  had her own parking space.

TN1984

I would still check the will.
If there is no IIP and he is paying rent to the daughter, then he is a tenant and has a tenant's rights.
Does he have a tenancy agreement?
https://www.gov.uk/renting-out-a-property

I agree, I would still check the Will. If there is no interest in possession and he's been paying rent, he will have tenant's rights. If there is an interest in possession, the daughter has no right to kick him out.

Incidentally, does she really need to kick him out to release some equity on the property?

4416399018

TN1984 said:

Incidentally, does she really need to kick him out to release some equity on the property?

Who knows?! Apparently she wants to do some work on her own property but I have no idea as to her financial position. I guess she could take out a mortgage on either property to realise some capital and pay off the loan when the house becomes vacant but that's not really my business. It's frustrating that it came up on a Sunday because there's nowhere I can  call until tomorrow. I just  want to give him some good news and so he has some kind of security. Somehow between us we need to come up with a plan. I've promised him he won't be doing it on his own and regardless of where he lives he'll still have a friend. He seems to think if he isn't  here he won't have anyone to talk to. We're always out in the garden together and he's great  company.

kelpie35

Sorry I can't advise on your problem, but I would just like to add that you are such a helpful neighbour and I only wish there were more forl#k like you around
Please send him my very best wishes for the future.

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kelpie35 said:

Sorry I can't advise on your problem, but I would just like to add that you are such a helpful neighbour and I only wish there were more forl#k like you around
Please send him my very best wishes for the future.

Thank you  so much. I notice your user name... do you have one of the 4-legged, canine lunatics too? 
As for the neighbour, he's an absolute gem. He's been a brilliant friend since the day I moved in and looking out for him is the very least I can do. He's taken great care of me through some real ups and downs, and his kettle has always been on when I walk through his door.