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

Slithery

Emmia said:

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? 

If no rent (or rent-in-kind) has been paid then OP is not a landlord and the person occupying the property is not a tenant, they are an 'excluded occupier' and can be evicted without any notice or court proceedings.

This is what we've been trying to establish with the questions asked so far in the thread.

Exodi

Emmia said:

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? 

Calling the OP a landlord and talking about eviction is a bit of a stretch.

Even if there was a written agreement (which I'd imagine is unlikely) it's unlikely to be a formal tenancy agreement, I don't even know if that's possible with zero consideration being made. I think it would be bizarre at best to try follow a formal eviction process.

In the absense of any written agreement and without any contribution to the property, I think the OP could essentially change the locks today if they wanted.

Emmia

It would probably help if the OP could answer the questions...

theartfullodger

Exodi said:

Calling the OP a landlord and talking about eviction is a bit of a stretch.

...

I humbly disagree: He is the landlord (albeit no charges for rent - apparently) - I'm sure he'd be found as such if e.g. the place burned down or council wanted to enforce some repairs.  And he himself is talking about wanting to sell, has "allowed her to live there" (ie is in control) presumably wanting a better price with vacant possession and exploring how he can dump her on the already overstretched council and their shrinking housing stock.

see...."""" Deano23 said:

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?     """""

But others may hold alternative views... 

But Deano3, you could always sell with her in it.  Entirely legal: I purchased a property with tenants (4 students as it happens) Or just let her stay as long as she likes out of respect for your late father's wishes.  Did he state - by any means - how he wanted you to handle the position?  Does she claim he told her he can live there as long as she likes? 

She could of course be viewing...

lincroft1710

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  

As the occupier of the property she is legally obliged to pay the CT, it confers no rights.

Deano23

So she pays not rent.
We don't have any agreement in places but i do pay most of the bills.
I don't live in the house its just in my name.
So where do i stand and to let everyone know i will not be putting her on the streets. 

theoretica

Deano23 said:

So she pays not rent.
We don't have any agreement in places but i do pay most of the bills.
I don't live in the house its just in my name.
So where do i stand and to let everyone know i will not be putting her on the streets. 

The council will not step in unless she is on the streets - they just don't have the housing.  I gather from the way you ask the question that she isn't arranging to move out with thanks for the last 6 years.  But what does she say when you discuss the matter with her?

theartfullodger

What we don't know what agreement she had with late father nor what contributions she made when living with him. Nor what evidence she may supply to judge.

Deano23

Thanks all sorted now

Titus_Wadd

OP please come back and let readers know how, it won't be a unique situation and may help someone else.  Hopefully the GF found another place and wanted to move on.