Owner's relative occupies rent-free; what rights as T?

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    Owner's relative occupies rent-free; what rights as T?

    Hi,
    Please give advice on my situation. Our London family home has been occupied by a family member for over 20 yrs. At first she lived with her mother (who is still the owner) but for the last 6 yrs has lived there only with her own children (since mother moved). She has been given permission (verbally) to live there and has never paid rent but is paying council tax and utility bills.
    When the property deeds change hands, what rights does she have to carry on living there since it has been her home (and her childrens' home) for so long?
    Thank you.

    #2
    So mother M still owns and her daughter D still occupies rent-free. Which one are you?

    D cannot have an Assured Shorthold Tenancy, nor a Standard Assured Tenancy; in both cases, covered by the Housing Act 1988 as from 15 January 1989, the absence of rent is a bar [para. 3 of Schedule 1 to 1988 Act].

    If D moved-in before 15 January 1989, the Rent Act 1977 would have been in force- but, again, that would not apply if no rent is payable [s.5(1) of 1977 Act].
    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


      #3
      It would be for M (or M's executors/administrators) to determine whether D has any right to remain. Perhaps M might devise the house to D.
      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


        #4
        I get the feeling tht OP is D and is worried that M is wanting to sell-up or move back in. D is hoping for rights along the lines of an Assured Tenancy.

        Comment


          #5
          Originally posted by Snorkerz View Post
          I get the feeling tht OP is D and is worried that M is wanting to sell-up or move back in. D is hoping for rights along the lines of an Assured Tenancy.
          But D has no such rights. Either way, she's enjoyed free accommodation for some time; so she hardly has grounds for grumbling.
          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


            #6
            By the way, and in case someone asks later, D cannot assert anything like possessory title (because she occupies with consent).
            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

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