Unusual situation

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Unusual situation

    The ex husband of a friend of mine has died. She is an executor of his estate and is unsure of the situation re her stepson. He receives some benefits (not housing) and has lived in the pool house (more of a shed really) rent free for the last fifteen years. It has a washbasin, a cooker and a heater. He uses the toilet in the garage of the house. He’s not on the electoral role. The property will have to be marketed soon and he’s willing to move out but his financial situation is not good. My question on my friends behalf is how is he classed? Is he a tenant of the property as a whole? If not what is his actual status and what is my friends obligation to him? Thank you.

    #2
    If he is not paying any rent then its likely that he is simply a guest with no rights to reside there.

    Comment


      #3
      Does he pay for anything (utilities, repairs, services...) or does he do any work (maintenance, decoration, pool cleaning, gardening...). They would probably be judged as "money's worth" and be rent.

      Friend should try gentle negotiating of a probably upset and troubled person, before legal action. Might work.
      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

      Comment


        #4
        Thank you. He hasn’t contributed anything financially or otherwise while he’s been there. My friend and he are on good terms and he’s happy to move out if he can find somewhere. That may involve the council. We were wondering if they might deem him a tenant and tell him they can’t help him. Also if he’s classed as a tenant rather than a guest she would have to give him six months notice under current COVID situation.

        Comment


          #5
          Is there no provision for the stepson in the will?

          Comment


            #6
            I believe the main asset of the estate is the property but there is uncertainty about the ultimate value of the estate because of equity release and other issues. So in the short term he is financially unstable.

            Comment


              #7
              Thinking about it further, as he is receiving benefits he must have given his fathers address as his own. I’d hazard a guess the shed hasn’t had building regs approval for accommodation. So technically he is merely a resident of the property?

              Comment


                #8
                Has the late father bequeathed anything to him in the will ? It frankly sounds an odd arrangement for his son to be living in some kind of habitat/shed for 15 years !

                Comment


                  #9
                  I’m not sure about any bequests and I don’t know how the shed arrangement was set up. My friend only really asked me about his residential status.

                  Comment


                    #10
                    As said above he does sound like a guest and not a tenant, although he may well have a claim on the house via the rules governing inheritance unless the will states something different ..... which given his family position can be challenged anyway.

                    Comment

                    Latest Activity

                    Collapse

                    • Reply to DPS dispute resolution service
                      by Chester Perry
                      £900 deposit and the Letting Agent requested the whole deposit as the cleaning and redecorating to fix non wear & tear damage was estimated at approx £4000 and also they stole / took 2 x fridge freezers. Independent inventory on moving in and moving out backed all this yet the TDS awarded £700!...
                      18-04-2021, 21:14 PM
                    • DPS dispute resolution service
                      by Thomasdiets123
                      What's everyone's experiences with the DPS dispute service. Did you get what you claimed? Did you have good evidence to back it up?
                      Thank you....
                      12-04-2021, 16:37 PM
                    • Reply to Rent arrears
                      by Bixwier
                      Have any evictions ever gone ahead since cv19?

                      how long is the backlog now? Are bailiffs actually working?

                      what happens if tenants say they have symptoms and are shielding?
                      18-04-2021, 18:09 PM
                    • Rent arrears
                      by MP31
                      Hi

                      So I have a tenant who has build up large rent arrears and I have gone through the process with the solicitor of S8 for rent arrears and I have a court date In April. The tenant left the house last Monday and informed me they had left.
                      To me it seems unlikely I will ever get...
                      21-02-2021, 07:43 AM
                    • Reply to Notice Period to Tenants
                      by Bixwier
                      Have any evictions ever gone ahead since cv19?

                      how long is the backlog now? Are bailiffs actually working?

                      what happens if tenants say they have symptoms and are shielding?
                      18-04-2021, 18:03 PM
                    • Notice Period to Tenants
                      by annam222
                      Hi all,
                      I rent out my flat using an estate agents let & collect service. It is rented out using an assured shorthold tenancy agreement of 12 months (no break clause). The 12 months ends in August this year. I have just been told by the estate agents that "due to Covid the law has changed...
                      01-03-2021, 14:54 PM
                    • Reply to County court bailiffs
                      by Bixwier
                      Have any evictions ever gone ahead since cv19?
                      18-04-2021, 18:01 PM
                    • County court bailiffs
                      by Perce
                      Hello All

                      What county court bailiffs do if they come to evict and the tenants say they are not feeling well?...
                      24-02-2021, 13:42 PM
                    • Reply to New AST under probate
                      by PGTV
                      I suppose someone has to pay for all this furlough money, so why not tax the dead more.

                      no wonder everyone is on a scam or fiddle. You can be like my parents - honest all their lives, but are getting hammered in death taxes. And both were failed by the NHS too
                      18-04-2021, 17:27 PM
                    • New AST under probate
                      by PGTV
                      Hi. Quick question

                      property portfolio is under probate.

                      the land-lady (Mum) used the family office address as the landlord address on the tenancy agreement, rather than her home address. Always did this for 20 odd years.

                      Under probate, I have to sign a new tenancy...
                      16-04-2021, 14:51 PM
                    Working...
                    X