buying with sitting family member

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    #1

    buying with sitting family member

    Unusual situation this one. I have been offered a property that lady inherited from her sister. Her son is a tenant in the property paying a nominal rent. Unfortunately the son is very estranged and refusing to allow any access to the property and also making threats to his mother. He has lived there since 1998 and stayed on when his Aunt died in 2000 as a tenant of his mother.

    If I buy this house can I issue a standard S21 to evict him or does he have any special rights?

    Any help much appreciated here.
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    #2
    1. The family relationship of V and T is irrelevant to his legal status.
    2. T holds an AST, I think (unless rent is so low that paragraphs 3/3A/3B/3C in Schedule 1 to Housing Act 1988 dis-apply the Act entirely).
    3. If it is an AST, s.21 will aply too.
    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).

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