Trouble with step mother

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    Trouble with step mother

    Hi my husband was given a property as a deed of gift after his mother passed away in 1991 from his father. My husband put in place through the solicitor that his father could live rent free in the property but had to pay bills and any repairs or updating. His father married later the same year. The wife didn’t have anything in place for her to life her but because my father married her I just let things be. I then sold that property and bought a bungalow again same set up. My father has now passed away and I have offered the wife to continue to live there but will have to have a tenancy agreement and pay rent. She has refused. I have now issued her with a 2 months notice to leave the property after talking to my solicitor. Does she have any rights to stay.

    #2
    It depends on what your solicitor says is the nature of the arrangement.

    Generally speaking, the occupant of a property has some rights, which the landlord has to overcome.
    But what actual rights there are depend on the exact nature of the arrangement.

    If the solicitor is confident that the arrangement isn't a tenancy, for example, your notice will end the step mother's permission to occupy the property and she will probably become a trespasser when it expires.
    If the arrangement was a tenancy (with the repair work constituting an effective rent), the tenant's wife might be a tenant, and have a right to stay until evicted through the courts.

    But I'm not entirely clear what the arrangement (or even the form of notice) is.
    But your solicitor will.
    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


      #3
      Solicitor just said because she has no formal agreement and hasn’t paid no rent. She is trespassing I offered her to stay in the property and to pay the going rate of rent and she refused. But she wants to live there rent free until she dies. Only air is free she’s got no chance

      Comment


        #4
        There may be something there that the estate falls to the wife as they were married. Basically, pay a solicitor and instruct them to evict. What you're asking is complex and I doubt anyone here has the necessary training to untangle both probate and property law.

        Comment


          #5
          Originally posted by Jul View Post
          But she wants to live there rent free until she dies.
          Classic !!! Talk about entitled. As said above you really do need very specialist help with this one, i cannot see how the arrangement with your father in law would transfer to his wife but the property with which it was on has been sold and a new one purchased and we know that sometimes the law is not what common sense would dictate. I wish you well with this, she sounds a handful.
          Last edited by Hudson01; 19-01-2021, 18:06 PM. Reason: added sentence.

          Comment


            #6
            Thanks I’m going to need all of the help I can get 😩

            Comment


              #7
              Is she able to claim the housing element of UC and would it cover the rent if she could? It might give you both what you want.

              Comment


                #8
                I would not accept rent from her right now as that will certainly establish a tenancy if there isn't one already. Go for eviction.



                Freedom at the point of zero............

                Comment


                  #9
                  Originally posted by Interlaken View Post
                  I would not accept rent from her right now as that will certainly establish a tenancy if there isn't one already. Go for eviction.
                  On reflection i would agree with this, if you do wish to rent it out then do it with someone whom you have had no prior relationship.

                  Comment


                    #10
                    Thanks everyone

                    Comment


                      #11
                      If this goes to court and the step mother is granted to stay in the property. Who ways how much rent she will have to pay. Surely the court won’t let her live rent free. Then we are back to square one. she has already had the offer to live there and pay rent 😡

                      Comment


                        #12
                        I can only imagine that should the court do that (which i don't think they will) then it would be on the same basis your father in law lived there, so rent would not come into it. I cannot see how she would have the same right as the father of your husband, its the family relationship that ultimately ensured this arrangement took place, that same relationship is not there with the mother in law, she is a stranger to the wider family, why in hell should she benefit from your husbands property.

                        Comment


                          #13
                          That is the argument we have with her family but all I get is abuse. Thanks again for comments

                          Comment


                            #14
                            I think we need to know the precise terms on which your father occupied the property.

                            Comment


                              #15
                              Father in law signed his property over to his son in January 2003 stating he was allowed by an agreement to be able to live in the property rent free for the rest of his life but had to pay all bills and maintenance for the property. In November 2003 he then married and the wife moved in but nothing was changed on paperwork. We have nothing at all saying she could live in the property.

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