Mother wants to sell house but son is living in it...

FreeBear

RHemmings said:

Olinda99 said:

IF (and I don't know it this is true) they have exclusive occupation then it will be an AST not a lodger - even if no rent is paid. by exclusive occupation I mean they have a lockable front door and nobody else lives there.

that means the mother must comply with all the law regarding tenancy agreements and if for example she has not done gas safety certificates every year then she has been committing a criminal offence.

https://www.google.com/amp/s/www.thisismoney.co.uk/money/buytolet/article-4487684/amp/Can-let-property-family-member-no-rent.html

It can't be an AST if the rent is less than £250 a year. If he's not a lodger, then I don't know what he is. Definitely not a squatter.

Answer - A permitted occupier.

Not a lodger, not a tenant, just someone who can stay with the owner's consent. Once that permission has been revoked, the individual has no rights to occupy the property.

Go in, change the locks, job done.

zagubov

FreeBear said:

RHemmings said:

Olinda99 said:

IF (and I don't know it this is true) they have exclusive occupation then it will be an AST not a lodger - even if no rent is paid. by exclusive occupation I mean they have a lockable front door and nobody else lives there.

that means the mother must comply with all the law regarding tenancy agreements and if for example she has not done gas safety certificates every year then she has been committing a criminal offence.

https://www.google.com/amp/s/www.thisismoney.co.uk/money/buytolet/article-4487684/amp/Can-let-property-family-member-no-rent.html

It can't be an AST if the rent is less than £250 a year. If he's not a lodger, then I don't know what he is. Definitely not a squatter.

Answer - A permitted occupier.

Not a lodger, not a tenant, just someone who can stay with the owner's consent. Once that permission has been revoked, the individual has no rights to occupy the property.

Go in, change the locks, job done.

I don’t know why people keep trying to bestow tenure or tenancies of various kinds onto people who have no such rights. When you se the Smith family occupying a house the parents own you don’t call them Mr. and Mrs Smith and their young lodgers.

There must lie literally not just millions but tens of millions of people up and down this country living in houses they don’t own but are permitted to stay as family members.

Any money they pay is expenses, sometimes colloquially called their “keep” and its just their contribution to their share of the house’s outgoings.  They can leave at a moment’s notice.They’re not much different from houseguests. That’s a problem for them, not the homeowners.

RHemmings

FreeBear said:

RHemmings said:

Olinda99 said:

IF (and I don't know it this is true) they have exclusive occupation then it will be an AST not a lodger - even if no rent is paid. by exclusive occupation I mean they have a lockable front door and nobody else lives there.

that means the mother must comply with all the law regarding tenancy agreements and if for example she has not done gas safety certificates every year then she has been committing a criminal offence.

https://www.google.com/amp/s/www.thisismoney.co.uk/money/buytolet/article-4487684/amp/Can-let-property-family-member-no-rent.html

It can't be an AST if the rent is less than £250 a year. If he's not a lodger, then I don't know what he is. Definitely not a squatter.

Answer - A permitted occupier.

Not a lodger, not a tenant, just someone who can stay with the owner's consent. Once that permission has been revoked, the individual has no rights to occupy the property.

Go in, change the locks, job done.

I searched on permitted occupier and all sources I could find only used the term for someone who is in a rented home, but who isn't a tenant. Do you have a link or source describing the situation where the home is not rented but owned? Not, I'm not challenging your use of the term; I just want to understand the legal situation.