Could my brother (lives with parents) claim a tenancy?

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    Could my brother (lives with parents) claim a tenancy?

    Hi, something just occurred to me and I wondered if anyone knew the answer.

    My parents live in a house that they have lived in for nigh on 40 years. Myself and sister left many years ago but my brother still lives there. He pays board (minimal) because he only works part-time and doesn't seem to want to further his career, has all his meals cooked for him and all his bills paid. My parents are retired.

    If the worst should happen, and they pop their clogs, they have stated in their will that the house would be sold and the proceeds split three ways, i.e. between the three of us. If my brother refused to budge, would it be possible to still sell the house and kick him out, or would be be classed as a "sitting tenant" and be impossible to shift? Does he have any tenant's rights?

    By the way, I'm not after the money, honest! I would rather have my parents alive and well any day, than inherit a meagre amount of money from their end terrace. But it does seem a little unfair that my brother end up with a free house when he's done nothing to deserve it.

    #2
    He is their lodger. If he refuses to leave the property he can either buy you other two out, or be forced to leave via a court order and then the property can be sold.

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      #3
      Originally posted by Donething View Post
      Hi, something just occurred to me and I wondered if anyone knew the answer.

      My parents live in a house that they have lived in for nigh on 40 years. Myself and sister left many years ago but my brother still lives there. He pays board (minimal) because he only works part-time and doesn't seem to want to further his career, has all his meals cooked for him and all his bills paid. My parents are retired.

      If the worst should happen, and they pop their clogs, they have stated in their will that the house would be sold and the proceeds split three ways, i.e. between the three of us. If my brother refused to budge, would it be possible to still sell the house and kick him out, or would be be classed as a "sitting tenant" and be impossible to shift? Does he have any tenant's rights?

      By the way, I'm not after the money, honest! I would rather have my parents alive and well any day, than inherit a meagre amount of money from their end terrace. But it does seem a little unfair that my brother end up with a free house when he's done nothing to deserve it.
      Did your brother ever contribute to maintenance of property (not mere outgoings) or any capital sum towards cost of alterations/additions of significant structural nature? It is possible that such payments might entitle him to claim an equitable interest at least.
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
      4. *- Contact info: click on my name (blue-highlight link).

      Comment


        #4
        Originally posted by jeffrey View Post
        Did your brother ever contribute to maintenance of property (not mere outgoings) or any capital sum towards cost of alterations/additions of significant structural nature? It is possible that such payments might entitle him to claim an equitable interest at least.
        Not as far as I know, he doesn't have two ha-pennies to rub together and has only recently (the last year) started paying board again - prior to that he was living there for free. He helps around the house in as much as he does some gardening and helps my dad with DIY but has never contributed financially, and they have never had any structural work done other than double glazing, which he has certainly not contributed towards.

        Atilla - a court order??? How long would that take? He would never in a million years be able to afford to buy us out!

        Comment


          #5
          Originally posted by Donething View Post
          Not as far as I know, he doesn't have two ha-pennies to rub together and has only recently (the last year) started paying board again - prior to that he was living there for free. He helps around the house in as much as he does some gardening and helps my dad with DIY but has never contributed financially, and they have never had any structural work done other than double glazing, which he has certainly not contributed towards.
          So it's fairly clear, unless any other unknown factors exist to the contrary, that he has no legal or beneficial interest in the house (except when/if he inherits anything). If he then chose to stay put, the PRs' cost of evicting him would probably be ordered payable by him (out of his share- so he's nothing to gain by being a pest).
          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
          4. *- Contact info: click on my name (blue-highlight link).

          Comment


            #6
            Thank you Jeffrey, I've been wondering about this for ages. When the time comes (and I hope it's years - fingers crossed he might have had the nous to move out himself by then) - he will be reliably informed of his rights and potential costs.

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