Licence to occupy or tenancy?

Skyeyez

Hello, would any of you fantastic knowledgeable folk be able to clarify something housing related for me please? 

For the past 18 months or so we’ve lived in a cottage belonging to my aunt and uncle. They have never occupied it, it forms part of their property portfolio of 5 houses which are currently let out and their primary residence which in another county. 

The cottage is 500 years old and has loads of structural issues but in a lovely village setting. When we moved in it was agreed by email only (no signed contact, their choice), that we would take the cottage on, renovate and extend it over the years to create a family home for us and our children. We became responsible for buildings insurance, all maintenance and repairs, building a driveway, garden clearance, installing heating (there was no heating and no gas so no central heating), decorating, plumbing, electrical safety checks and rectifying issues, etc. 

The plan was to be assigned 20% of the cottage and to buy it from them in bits over the years.

We haven’t paid them rent, but were instructed to pay a monthly sum of £500 into our own savings account to put aside towards future renovation work. They had originally requested this into their bank account but later changed this as they said it would have made them landlords which they didn’t want in this instance. 

My aunt’s version of events is that we are simply guests at the cottage. She has just emailed saying we are here under a Licence to Occupy, and not tenants. The context of this was part of a discussion about privacy as they keep coming over and letting themselves in, even when we are in a state of undress or during coronavirus restrictions. Things became heated during one of these incidents and we ended up contacting the police who escorted them off the property. 

We have had various emails that they can ‘throw us out in a heartbeat’ and we are living in a fantasy land if we believe we have any protection as tenants because we are just guests here under a Licence to Occupy and they can come and go whenever they choose.

As I understand from my previous posts on this we are indeed tenants at present so do have a right to privacy.

Could someone please let me know if this Licence to Occupy applies to our situation please?

My job is in frontline healthcare provision and I’m out of the house on pretty intense shift patterns at the moment. The stress of not having a home or rights to privacy and what feels like harassment is becoming quite hard for us to manage as a family. We have a 5 year old daughter and baby son and really do need a secure housing situation going forward or some legal clarity of where we stand here.

Many thanks 🙏 

MovingForwards

This was asked and answered in September:

https://forums.moneysavingexpert.com/discussion/6187080/living-status#latest

RAS

This is the fourth thread you have opened on the same issue. Please contact the forum admin to amalgamate them and stop wasting people's time.

Meantime, change the locks and  seek proper advice from Shelter or your local housing advice office.

Skyeyez

Thanks both RAS and MovingForwards, and my apologies for the repetition - we’ve not posted on forums before and are sorry to come across as wasting anyone’s time, that’s certainly not the intention. 

I included the back-history for any new readers, as we’ve had a few developments in terms of the police involvement and today’s email to say we have to share/vacate the property under Licence to Occupy. 

Will add this to an older thread, thanks for the heads up. 

macman

Without reading the whole back story, I cannot see how a tenancy can be created unless rent is paid, or by rent paid in kind? The money saved is still in your account, so the former does not apply. If the renovation has not commenced either, then the latter does not apply. You've been in occupation for 18m, so at what point was it agreed that the renovation would commence and complete?

greatcrested

Clearly you are paying rent in kind.

For future reference, if something has changed in your circumstances since the last thread you started, return to that thread and add a new post - that way all your information is in one place.

I too am not going to search back for all the information. It is annoying!

Skyeyez

greatcrested said:

Clearly you are paying rent in kind.

For future reference, if something has changed in your circumstances since the last thread you started, return to that thread and add a new post - that way all your information is in one place.

I too am not going to search back for all the information. It is annoying!

Thanks, and we shall do so in future! Apologies again for the repetition.