Selling - Sitting Tenant??? Query

screid

Hi,

Not too sure whether this is the right place for this so apologies if not.

My father died last year and my mother has decided to either sell the family home or rent it out. Now about 13 years ago my uncle who was living nearby had to move out of his shared house as the landlord was selling it and my parents said he could stay with them until he could get settled and families being families he has been there ever since. He has been paying something (not too sure how much) for 11 years and the last two nothing but rumour has it he has seen a solicitor about his rights and he has started paying something again which my mother feels she can't accept anyway as he will need the money to find somewhere new to live.

Does anyone have any thoughts on this? Where does he stand? What are his rights? What are hers? Any advice?

Sorry for the long post but I need to get some info together quickly to put her mind at ease or make her aware of the facts before we travel tomorrow.

Thanks, Shaun

clutton_2

you need to go and see a solicitor - i would ask CAB if they can recommend a local one who will give you the first half hour free.

I suspect his status will depend on how much he was paying, - ie just his food and a contribution to the bills, or an amount of rent. IF he is seen as a lodger/tenant then she will need to give him notice and he will have to leave.

screid

Thatks for the quick repsonse Clutton, I am trying to find out how much he was paying but it was only towards the bills as he got his own food. As I said he has been there 13years but stopped paying after 11 and then has started up again.

What differentiates a tenant, sitting tenant or just doing a favour for family?

Shaun

clutton_2

what makes you think he will be akward about moving out ?

and whose name is the house in ?

screid

I don't know whether he would be it's just the talk on the family grapevine that he has spoken to a solicitor about his rights (possibly as a sitting tenant) and now he has started paying again. The house has just been transferred into mams name after dads death (8 weeks ago) and I am just trying to get info together to put her mind at ease about these rumours/her rights. She doesn't want to confront my uncle in case the rumours are wrong and if they are right it may be something which adds to the grieving she's already going thru if she's not aware of her rights. I'd rather know things and be wrong than ignore it and find there's problems further down the line.

Shaun

clutton_2

if the house is in your mams name, then i cannot see that she has anything to worry about at all - but, this is only a discussion board, you really do need to talk to a solicitor. does your house insurance have a "free legal help line" by any chance ? if so give them a ring.

screid

I'll speak to her about the free legal advice possibly on her insurance and am planning on booking her in to see a solicitor next week (on holiday from tomorrow) thanks for your advice and putting my mind at ease a bit, at least you didn't come back with "as he's contributed in some way to the house he will be eligible for a share of the increase over the last 13 years" which is what I am worrying about and so is she as she will need as much money to survive on.

Thanks again, Shaun

moneysavinmonkey

does your mum currently live in the house with your uncle? - If the answer is yes then he will be an excluded occupier and he doesn't really have many rights. Definitely something you should check with a solicitor thou -as you are doing. :T


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