HELP - Elderly neighbour about to lose his home!

Morglin

He, with your help, should contact the Adult Social Services team, at your local council.  

Just ring the main switchboard number and ask for that department. 

They will advise as, generally, in the case of an eviction with someone this age, the council social workers and housing teams would help him to register for a home in a sheltered accommodation scheme.. 

4416399018

Morglin said:

He, with your help, should contact the Adult Social Services team, at your local council.  

Just ring the main switchboard number and ask for that department. 

They will advise as, generally, in the case of an eviction with someone this age, the council social workers and housing teams would help him to register for a home in a sheltered accommodation scheme.. 

Thank you so much. I'm on the phone to them now... well, on hold! Our local council are notoriously inefficient so I've got everything crossed that they'll pull something out of the bag on this occasion.

TBagpuss

It would make sense for him to speak to a solicitor.  It is Possible that he could seek to make an application out of time, for provision under the inheritance act - he could have applied when his partner first died, and there is usually a 6 month time limit, however, I think the court can allow applications after that time at their discretion, and it's possible (he would need proper advice) that the fact that the daughter was originally complying with her mother's expressed wishes and allowed him to stay might be a good reason to allow him to apply late.

And even of not, the risk of his making such an application might result in the daughter being prepared to agree a compromise.

If not, then she would need to take steps, as a landlord, to evict him - he would need to get advice about whether he needs to wait until she gets a court order, in order for him to be able to be classed as homeless and eligible for rehousing. 

AdrianC

4416399018 said:

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.

By "release the equity", do you mean "sell"?

She could always mortgage it on a BtL mortgage, which would release her equity without changing anything about the actual occupancy.

Even if she does want to sell, is there anybody in the village who might be interested in buying it with a sitting tenant? Perhaps a group of you forming a limited company to buy it...?

silvercar

BTL mortgages are generally given on the basis that the tenant pays rent. If the tenant is already living in the property and there is no evidence of rent payments then that could be a problem.

Marvel1

4416399018 said:

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.

Nothing against you but if you/he wants the legal stance in it all, you need to push and ask these questions.

kazwookie

You need to stop him fixing the roof etc.

Brock_and_Roll

From the information provided, I have been through EXACTLY the same situation myself, albeit I was on the other side of the argument i.e. it was my relative that had a person living in their property who was not provided for in the will.
From the circumstances provided the neighbor almost certainly has a case to make a claim under the  Inheritance (Provision for Family and Dependants) Act 1975 the net effect of which can be that the provisions of the will are set aside or altered.
OP - I have had 5 years of court battles over this, so if you need any advice in terms of helping your neighbour, let me know.
 

[Deleted User]

The thing is I don't think the gentleman concerned wants to fight this.  It would be very stressful and god knows how he'd pay the legal costs. It might be best to find him somewhere else to live, depending on what he wants to do.  

kelpie35

4416399018 said:

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.