Sitting Tenant or Occupier

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

    Sitting Tenant or Occupier

    My mother set up a trust for her residence in 2002. She still lives in the same residence. In her will she left the house to 3 trustees. These are my brother, my sister and myself. My sister has moved in with my mother and is paying my mother a contribution towards food and expenses but no formalised rent a such as yet.

    Question 1. Could my sister claim sitting tenancy rights to the property upon my mother's death?

    Question 2. If the answer is affirmative, how long does my sister have to live in the property before she can claim sitting tenancy rights?

    Question 3. My brother and I would like to sell the property upon my mother's death. What action can we take to ensure this? Get my sister to sign a short-term tenancy agreement?

    #2
    Does your mother own the property?
    If not, when did your mother move in?
    Did sister have any written tenancy agreement on moving in?

    Please define "Sitting Tenant"?
    The information in my posts is provided 'as is'. This is not intended to be legal advice. Legal or other professional advice should be sought before acting or relying on this information or any part of it. I will not be held responsible for loss or damage arising from errors in the information or the way in which a person uses the information on this . For more information on your query use the '' link at the top of this page. Agreements, Forms & Notices can be found .

    Comment


      #3
      Who drew up this scheme?

      What are "sitting tenancy rights"?

      Comment


        #4
        Sitting Tenant

        My Mother owns the property

        My sister does not have a written tenancy agreement.

        I don't know what a sitting tenant is. I'm trying to define whether my sister can be deemed a sitting tenant and what rights she has (if any) in this situation.

        Comment


          #5
          Originally posted by woodla View Post
          I don't know what a sitting tenant is.
          So why are you worried about it?

          My mother set up a trust for her residence in 2002.
          For the second time of asking, "Who set up this scheme?"

          Comment


            #6
            Originally posted by woodla View Post
            My Mother owns the property

            My sister does not have a written tenancy agreement.

            I don't know what a sitting tenant is. I'm trying to define whether my sister can be deemed a sitting tenant and what rights she has (if any) in this situation.
            Your questions were:
            Question 1. Could my sister claim sitting tenancy rights to the property upon my mother's death?

            Question 2. If the answer is affirmative, how long does my sister have to live in the property before she can claim sitting tenancy rights?

            Question 3. My brother and I would like to sell the property upon my mother's death. What action can we take to ensure this? Get my sister to sign a short-term tenancy agreement?

            1. A sitting tenant is someone who is already a tenant of the property at the time when that property's legal ownership changes hands subject to that (continuing) tenancy- so your sister is certainly not a sitting tenant. Her occupation is not as a tenant at all but, at most, as a lodger.

            2. N/A.

            3. Your mother M owns subject to the Trust Deed which should govern each individual's rights and the sale process. Does it? If not, why not?
            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).

            Comment

            Latest Activity

            Collapse

            Working...
            X