Tenancy of room in friend's house; but he's died

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    Tenancy of room in friend's house; but he's died

    I knew a friend for many years 3 years ago he asked me to move into his house and I did but I was harrased accued and abused by his relatives they were not happy me to be there in the house.My friend was very unhappy and upset he wrote me a yearly tanancy note for one room in his house.Sadley he died a year ago I am still in the house.Now his will Benificieries his relitives tried my illegal eviction and still harrasing me.please any body can help me where do I stand ?Can they evict me if yes what ground?Can they sell the house while I am in that property as a tenant.In one of the note in his letter he said no one can force me out from his house?What shall I do ?I will be very grateful for your kind help.many thanks

    #2
    Sabir, can you tell us if you pay rent for your room? If so, who do you pay it to? Have you had any notices served to you? If so, what were they?
    I offer no guarantee that anything I say is correct. wysiwyg

    Comment


      #3
      Originally posted by sabir View Post
      I knew a friend for many years 3 years ago he asked me to move into his house and I did but I was harrased accued and abused by his relatives they were not happy me to be there in the house.My friend was very unhappy and upset he wrote me a yearly tanancy note for one room in his house.Sadley he died a year ago I am still in the house.Now his will Benificieries his relitives tried my illegal eviction and still harrasing me.please any body can help me where do I stand ?Can they evict me if yes what ground?Can they sell the house while I am in that property as a tenant.In one of the note in his letter he said no one can force me out from his house?What shall I do ?I will be very grateful for your kind help.many thanks
      If your friend owns and occupies his house, you are not really a tenant at all.
      At most, you're a lodger (or 'excluded tenant'). You have only whatever rights the Letting Agreement gives- nothing more.
      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
        Originally posted by jeffrey View Post
        If your friend owns and occupies his house, you are not really a tenant at all.
        At most, you're a lodger (or 'excluded tenant'). You have only whatever rights the Letting Agreement gives- nothing more.
        The friend can no longer own or occupy the house, since he died a year ago. See #1.
        'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

        Comment


          #5
          Originally posted by mind the gap View Post
          The friend can no longer own or occupy the house, since he died a year ago. See #1.
          Yes, but does his lodger:
          a. thereby gain tenancy rights; or
          b. remain a lodger?
          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
            Originally posted by jeffrey View Post
            Yes, but does his lodger:
            a. thereby gain tenancy rights; or
            b. remain a lodger?
            I don't know. Presumably you do. Why not tell us?
            'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

            Comment


              #7
              One thing why did the relatives have anything to do with the house.
              Do they part own it, or all of it.

              Also they have lost a relative, if he wanted you to have the house to yourself he could have passed it to you in his will.

              Even if you a tennant you would have no more than two months to find somewhere else to live, unless you plan to go to court.

              Do the right thing and find somewere else to live and let his relatives move on, which can be done in a matter of weeks.

              Unless all you want is a whole house to yourself on a room only rent, which doesn't put you on the high moral ground.
              Disclaimer: What I say is either right or wrong. It may be advisable to check what I say with a solicitor. If he says I am right then I am right, unless he is wrong in which case I am wrong; but if he says I am wrong then I am wrong, unless he is wrong in which case I am right

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                #8
                many thanks

                I got a yearly tenancy agreement for that room written by him and we both signed it.I pay a small yearly advance rent as we agreed. I have been demanded rent also for this year by his will executive.If it is yearly agreement why they should give me a two months Notice?
                Mr Sabir

                Comment


                  #9
                  They may be confusing your situation with the market-standard Assured Shorthold Tenancy's two-month Notice requirement.
                  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


                    #10
                    You said yourself he died over a year ago, and you said you had a yearly agreement, so even if you had a fixed term tennacy agreement it now finished, and therefore at best it's periodic, ie. one month for you, two for LL, and no reason has to be given.
                    If you still deemed a lodger, them only reasonable notice has to be given, which can be a few days.
                    Or they could raise he rent, which of course you could challange via R.A.C. but I guess you are paying well below the market rate, which would come to effect after a month after they serve it, even though a decision from the R.A.C. could be longer back, I believe it would be backdated.
                    You also said the executive have been demanding rent for the last year, have you been paying it, if not they go for a Section 8 and get you out even quicker.

                    Whether you a Tennant or Lodger, just do the right thing and move on.
                    Yes we all have to follow the law, but just because their may be a law, it doesn't mean you don't have to act responsibilies or from doing the morally right thing.
                    Disclaimer: What I say is either right or wrong. It may be advisable to check what I say with a solicitor. If he says I am right then I am right, unless he is wrong in which case I am wrong; but if he says I am wrong then I am wrong, unless he is wrong in which case I am right

                    Comment


                      #11
                      I think this one may be a bit beyond what you can sort out on this kind of discussion board.

                      I think you need to gather together all the paperwork and records relating to this and go to either CAB or a solicitor who specialises in tenancy law as you need to understand exactly what kind of tenancy (if any) has been established. Then depending on the answer to that what notice can be given by the now landlords.

                      Comment


                        #12
                        Originally posted by mind the gap View Post
                        I don't know. Presumably you do. Why not tell us?
                        No, I don't; because the sequence of events is unclear. The answer might depend on whether the friend/owner died:
                        a. during fixed term, so the term could continue until expiry with no status change for T; or
                        b. after fixed-term expiry, at a time when T was holding-over (not on an SPT, as the fixed term itself could not constitute an AST [resident L]).
                        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


                          #13
                          thanks

                          am I doing any thing against law? one of the tenancy note says cleary one year notice is required to vocate my room.what you will do in this situation if you are falesly accused oraly abused and harrased by his relitives for greed to just get my friend's house.Shall I just shaw them my good moral and get out?
                          many thanks for your advise

                          Comment


                            #14
                            Originally posted by sabir View Post
                            am I doing any thing against law? one of the tenancy note says cleary one year notice is required to vocate my room.what you will do in this situation if you are falesly accused oraly abused and harrased by his relitives for greed to just get my friend's house.Shall I just shaw them my good moral and get out?
                            many thanks for your advise
                            Mr Sabir, do you have anywhere else you can live?
                            'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                            Comment


                              #15
                              Originally posted by sabir View Post
                              I pay a small yearly advance rent as we agreed.
                              Mr Sabir, do you have a written agreement? If so, can you tell us what it says about notice?

                              Also, can you tell us how much your rent is?

                              Finally, can you tell us if your property is in London or elsewhere?

                              Comment

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