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Letting someone live rent free, now i want to sell.

My father passed away 6 years ago and i have allowed his girlfriend to live in the house rent free, the time has come for me to sell the house.
What are her rights will she be classed as homeless with the local council, so she can get a council flat?  
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Comments

  • Slithery
    Slithery Posts: 6,046 Forumite
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    edited 28 February 2022 at 4:49PM
    Had she made any contribution at all to the property? It doesn't have to be giving you money, it could be rent-in-kind which means paying for any repairs/improvements etc.
  • theartfullodger
    theartfullodger Posts: 16,009 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 28 February 2022 at 5:25PM
    Sorry for both your losses. 

    That would depend up her rights derived from both the period before your late father's death and afterwards.  For example what contributions, either financial or otherwise (eg doing all repairs and maintenance) did she make to the costs of the property? At any time.  Just because you may not think she did does not mean she can't convince a judge she did.

    Plus, of course, what his will, if any, stated upon the matter.

    Does anyone other than you also have any claim upon the property, pease?

    She is not homeless clearly currently.  Do you think councils exist to provide convenient housing for other people's issues? 

    Certainly advise her to get expert advice on the matter from e.g.  CaB, Shelter or a competent solicitor.
  • Emmia
    Emmia Posts: 7,306 Forumite
    Sixth Anniversary 1,000 Posts Photogenic Name Dropper
    Have you spoken to her about your intention to sell?
  • AFF8879 said:
    Is she able to work/earn an income? If not she’ll require some form of disability assessment which will impact her priority ranking on the council’s waiting list 
    Doesn't that depend on her age?
    Not all "girlfriends" are of working age.

  • canaldumidi
    canaldumidi Posts: 3,511 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper Combo Breaker
    edited 28 February 2022 at 7:55PM
    Presumably the OP is an adult, so OP's father was over, say 35 when he died (and probably considerably older). If the occupant was his girfriend 6 years ago, this 35+ year old must have been going out with a 12 year old if she is now still not 'of working age'.
    The issue is not just about her potential property rights, but about.........
    But as others have said, much more background needed to estabish any property rights she might have.
  • canaldumidi
    canaldumidi Posts: 3,511 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper Combo Breaker
    lesalanos said:
    Presumably the OP is an adult, so OP's father was over, say 35 when he died (and probably considerably older). If the occupant was his girfriend 6 years ago, this 35+ year old must have been going out with a 12 year old if she is now still not 'of working age'.
    The issue is not just about her potential property rights, but about.........
    But as others have said, much more background needed to estabish any property rights she might have.
    She might be 70 now 
    My sister is a 70 year old teacher. (but I take your point!).
  • Deano23
    Deano23 Posts: 18 Forumite
    Second Anniversary 10 Posts
    Slithery said:
    Had she made any contribution at all to the property? It doesn't have to be giving you money, it could be rent-in-kind which means paying for any repairs/improvements etc.
    Hi she pays the council tax on the house  
  • Exodi
    Exodi Posts: 4,642 Forumite
    Ninth Anniversary 1,000 Posts Hung up my suit! Home Insurance Hacker!
    Deano23 said:
    Slithery said:
    Had she made any contribution at all to the property? It doesn't have to be giving you money, it could be rent-in-kind which means paying for any repairs/improvements etc.
    Hi she pays the council tax on the house  
    Anything else?

    The reason people ask is, if she believes (or could convince a judge that she believed) she was contributing in return of some share of the property, then she may be entitled as such. It's the reason people on this forum suggest charging someone for the utilites, but nothing towards the house.

    Is she in agreement with the above? I can't imagine it's an easy conversation to kick out your ex-step-mother because you want to liquidate the property. Not saying, you're in the wrong by the way, 6 years is a very long time.
    Know what you don't
  • Emmia
    Emmia Posts: 7,306 Forumite
    Sixth Anniversary 1,000 Posts Photogenic Name Dropper
    edited 1 March 2022 at 2:42PM
    As you're essentially a landlord (but not charging), do you have any formal written agreement with her about this... or not? Could she fight eviction? 
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