Occupancy rights after 15 years

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  • Occupancy rights after 15 years

    I am looking for some advise regarding a situation a member of my family have found themselves in.

    She is/was living in a property with her partner, who recently died. she has been living there aprox 15 years. the property was owned by her partner but was gifted to his son prior to her moving in, which she was unaware of. she hasn't got any tenancy agreements obviously, neither has she paid any rent.

    The son is now putting pressure on for her to move out straight away, she is obviously upset and worried about being thrown out of the home she has lived in all these years.

    I would like to know if she has any kind of occupancy rights, and if not would the son have to go to court to evict her, or can he just throw her out?

    Thankyou to anyone who could help.

  • #2
    Oh dear. Regrettably, it is my understanding that partners under these circumstances have no rights to such property despite the time thay may have lived there. It is however illegal to evict any body from a property that they are occupying with out a court order which can only be enforced by a court bailiff. I would hope that under such circumstances the judge would be lenient and give her time to complete her move.
    Please check back here as further more authoratitive replies may well be posted.

    P.P.
    Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

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    • #3
      Originally posted by colvic15 View Post
      I am looking for some advise regarding a situation a member of my family have found themselves in.

      She is/was living in a property with her partner, who recently died. she has been living there aprox 15 years. the property was owned by her partner but was gifted to his son prior to her moving in, which she was unaware of. she hasn't got any tenancy agreements obviously, neither has she paid any rent.

      The son is now putting pressure on for her to move out straight away, she is obviously upset and worried about being thrown out of the home she has lived in all these years.

      I would like to know if she has any kind of occupancy rights, and if not would the son have to go to court to evict her, or can he just throw her out?

      Thankyou to anyone who could help.
      Did she contribute (regularly or occasionally) a significant sum to expenses of:
      a. household budget;
      b. mortgage payments; and/or
      c. property repairs/maintenance/improvements?

      If so, she might have gained a beneficial interest under a deemed Trust; this could give her a beneficiary's right to use of the trust property.
      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).

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      • #4
        Thankyou for your reply.

        She didn't contribute towards any mortgage as it was owned outright, her partner took care of the bills etc, the only contribution would have been towards food shopping /general houshold items etc.

        She was left sole beneficiary of his estate, however this didnt include the property as it was already gifted, the house wasnt mentioned at all in the Will.

        Even if she didnt have a claim on the house as such, what would the son have to do to make her leave? can he just throw her out?

        Thanks again.

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        • #5
          See post number 2.

          It would be illegal eviction for him to physically remove her; only a court bailiff can do this.

          What type of person is he? If he has a key it would be wise to change the locks if he is likely to harrass. Tell him he must follow the correct legal procedures to obtain possession.

          You can check the ownership of the property online at the Land Registry. It costs.
          All posts in good faith, but do not rely on them

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          • #6
            From post No 3 it would appear that individual advice from a solicitor would be advisable if she wishes to remain in residence.

            P.P.
            Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

            Comment

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