Parent is my tenant help!

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    Parent is my tenant help!

    Hi,
    My father (88) lives in the house we own.
    We live 80 miles away in a house provided by my husbands job.
    We may need to buy or move out of our house as early as the end of next year, abd would need to sell the house my dad lives in to enable us to buy this house.
    My dad doesn’t pay us rent, he lives on his state pension, with very little savings.
    How soon can I serve notice to him to enable him to go on the council register as having a housing need, I’ve been told there is approx a one year wait for one bedroomed sheltered housing in his borough.

    thank for any help or advise

    #2
    If he is paying the utility bills, council tax, or for any little maintenance jobs then it's possible that he would be able to claim that he was contributing moneys worth in lieu of rent and therefore has an undocumented tenancy. In that case you have to serve proper notice, which may be tricky if there are no grounds on which to serve a s8 notice and if you haven't served him the required documents to use s21.

    If he's not paying anything then he is probably a house guest and could be removed at short notice.

    The Council are unlikely to believe that you will carry through the eviction so may give him no priority. If you do evict then he will probably end up in emergency accommodation such as a b&b.

    Comment


      #3
      If no rent is paid, there's no tenancy.
      If you sell the property, the council will probably assess your father's position at that point - they're unlikely to consider anything before you actually kick him out.

      There's a chance that any work done by your father to maintain the property could be considered as rent, but that's only going to be an issue if you find yourself in court (which the local authority might insist on).

      I'd probably start by talking to citizens advice and a local solicitor, because by putting the current arrangement in place, you've caused a bit of a mess if you need to change it.
      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

      Comment


        #4
        Dad is happy to move out, it’s just a case of understanding the legalities involved so he can get help for housing.
        we have a deed of trust, drawn up by a solicitor, dad signed it years ago, which states dad can live in the property until he is either medically unfit to do so, or until the property needs to be sold.

        Comment


          #5
          The problem isn't with your father, it's with the "help for housing" part of the process.
          Local authorities generally don't have enough housing stock and my guess is that they will be resistant to taking responsibility for him unless the need is urgent.
          I hope I'm wrong.
          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

          Comment


            #6
            But the need is urgent if we get served notice on our house here to be out within 9 months.....we will need to sell the house he lives in to enable us to buy this one
            I was hoping we could serve notice now to get the wheels in motion on the council side of things

            Comment


              #7
              Originally posted by Ljp64 View Post
              Dad is happy to move out, i
              That sounds like intentional homelessness to me. The council will expect him to take all reasonable measures to stay put.

              You must not collude with him, a that would also create intentional homelessness.

              Comment


                #8
                I think you need legal advice.
                If your father's permission to live in the property is documented in a trust and conditional on the property not "needing to be sold", I think that some formal confirmation that the property "needs to be sold" needs to be available so that your father can show that his permission to live there will end.

                That doesn't sound like it's the case yet, because the property doesn't need to be sold at the moment - but the exact wording will be important.

                A nice legal document from a solicitor might be helpful with the local authority if the situation changes.
                There's probably a formal process of applying for social housing that you can begin now, even if your father currently won't qualify.
                When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                Comment


                  #9
                  Does your father own the property he lives in or who is his LL?

                  Comment


                    #10
                    Originally posted by mariner View Post
                    Does your father own the property he lives in or who is his LL?
                    The thread only makes sense if the father doesn't own it, but the OP does.

                    Part of the question is whether there is a landlord. Things have been set up on the basis that there isn't, but that might not be the actual legal case.

                    Comment


                      #11
                      The council's definition of urgent is usually someone sitting in their office with a bag and bailiffs have changed the locks. I hope your council is more sympathetic.

                      Comment


                        #12
                        Many 'sheltered' or over 60s housing is undersubscribed so accessing that is not going to be as difficult as mainstream.

                        Comment


                          #13
                          Originally posted by Jon66 View Post
                          Many 'sheltered' or over 60s housing is undersubscribed so accessing that is not going to be as difficult as mainstream.
                          Wherever have you read that?

                          Suitable housing for older people is like hens teeth to find.

                          Private landlords don't want to know unless you are working and getting a good wage - councils / housing association just don't have anything suitable left.
                          One of the first type of properties snapped up under Thatchers Right to Buy were bungalows and similar properties suitable for the older generation.
                          Last edited by nukecad; 08-11-2019, 19:41 PM. Reason: Possibly ill judged comment removed.

                          Comment


                            #14
                            Perhaps its area dependent but actually my experience is that in my area it is undersubscribed.

                            Comment

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