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.
Trouble with step mother
Collapse
X
-
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).
-
Originally posted by Jul View PostBut she wants to live there rent free until she dies.
Comment
-
Originally posted by Interlaken View PostI would not accept rent from her right now as that will certainly establish a tenancy if there isn't one already. Go for eviction.
- 1 like
Comment
-
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
-
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.
Comment
Latest Activity
Collapse
-
by areynoldsHi all, I’m hoping someone can point me in the right direction. I share ownership of a property with my brother 50/50. My name is on the tenancy agreement and I have managed the property for the past 5 years. I am now transferring management of the property to my brother, how can I officially notify...
-
Channel: Residential Letting Questions
08-03-2021, 22:05 PM -
-
Reply to Tenant has moved partner inby ash72Don't do anything, when it due to end either increase rent or serve notice.
-
Channel: Residential Letting Questions
08-03-2021, 21:33 PM -
-
Hi
We have a new tenant (has only been in the property a month) who applied as a single person and the contract is in their name only. We have now found out they plan to have their partner move in. please can anyone advise what is best for us to do? Does it need to be a whole new contract or can...-
Channel: Residential Letting Questions
08-03-2021, 19:51 PM -
-
Reply to County court bailiffsby PerceIs it possible that even though I have a county court warrant that the government will not lift the ban on evictions for S21 PO after the lockdown is over ?...
-
Channel: Residential Letting Questions
08-03-2021, 18:10 PM -
-
by PerceHello All
What county court bailiffs do if they come to evict and the tenants say they are not feeling well?...-
Channel: Residential Letting Questions
24-02-2021, 13:42 PM -
-
Reply to County court bailiffsby Display nameI didn't, but since the tenant hasn't engaged at any stage, including attending hearings, complying with orders, responding to texts, emails and letters, I think it's a good claim. He wouldn't even respond to requests to allow access to the Gassafe plumber for safety checks. The guidance says that...
-
Channel: Residential Letting Questions
08-03-2021, 17:20 PM -
-
Reply to Newbie Alert!by Peter20Thanks for your reply
I'm glad you mentioned this, I noticed some of the extremely cheap houses seem to offer the best yield, but I thought to myself "I would not want to live in that area". I like the idea of going slightly above average to try and avoid areas that...-
Channel: Residential Letting Questions
08-03-2021, 17:17 PM -
-
by Peter20Hi all,
First post here. I have been reading for a while but thought I'd make a post. I am looking to get into property investing as I sold my business a while ago and have a considerable sum to invest. My main objectives for investing are long term inflation protection and a couple...-
Channel: Residential Letting Questions
08-03-2021, 11:17 AM -
-
Reply to Newbie Alert!by Peter20Thanks for your reply theartfullodger
I have rung up about a few houses for sale that have tenants in place. Also, I have checked recent sold prices of houses that appear to need minimal work doing to make them ready to rent, though admittedly you can only see so much from pictures...-
Channel: Residential Letting Questions
08-03-2021, 17:14 PM -
-
Reply to County court bailiffsby PerceDisplay name - did you do a pre action letter ?
-
Channel: Residential Letting Questions
08-03-2021, 16:47 PM -
Comment