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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6305
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi, i need some help... approx 8-9 years ago we moved into

Resolved Question:

Hi, i need some help... approx 8-9 years ago we moved into our parents home as they moved into my grandparents home, with the idea that the house would be signed over to us, my sister's name was put in my grandmother's will to have her house (therefore being a fair inheritance each). When my parents went to enquire about the house, the solicitor advised them that it would not be wise as i had a partner and he could run off with all the money so to speak.

Now my parents have decided that theu want to sell the house for funds/retirement, either we buy the house or they sell on open market. If this was suggested 8-9 years ago this would have been possible for us to buy as we were on the property ladder and employed, now we are both self employed with low income and i cant see it possible for us to purchase even half of the property! We pay a minimal rent every week which we have been doing since we moved in, but no contracts etc were ever set up.

Where do we stand as tenants and is there anyway around this or are we stuffed?

many thanks

Rebecca
Submitted: 2 years ago.
Category: UK Law
Expert:  Thomas replied 2 years ago.
Hi Rebecca,

Thanks for your question.
To enable me to answer your question could you please respond to the following using the same numbering:-
1. Is your grandmother still alive ?

Kind regards.
Tom
Customer: replied 2 years ago.
No she died about 6 years ago.
Expert:  Thomas replied 2 years ago.
Ok. Her property passed to your sister then I assume?

Tom
Customer: replied 2 years ago.
Yes and to my mother and father, so at the moment she has a third, and then when my parents pass away it will go to her.
Expert:  Thomas replied 2 years ago.
Hi Rebecca

Thanks for your reply.

Every person has the right to leave their estate to whoever they wish. So, regardless of the fact as a family you may have agreed upon who your grandmother should leave her property to and who your parents should leave their property this does not prevent any person from changing their mind.

I’m afraid that your parents are perfectly entitled to change their minds about the property you are living in because it does remain their property.

If you do not have a tenancy agreement then they need only serve you with “reasonable written notice2 of evictions (eg. one/two months) before evicting you. They would not even need to apply to Court for an order for eviction.

If you have not paid more than market rent during your time there, have not contributed to the mortgage repayments, or paid of capital sums or carried out significant improvements which have substantially increased the value of the property then you would also not be able to claim an interest in the property under the Trusts of Land and Appointment of Trustees act, which sometimes people can do if they have lived in a property that is not there own.

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Kind regards,


Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6305
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Law Specialists are ready to help you
Customer: replied 2 years ago.

Thought as much, we have carried out work to the property, as in updating with double glazing etc, but i wouldnt have thought this would have increased the market value that much. Thankyou very much for you help and clarification, and quick response.

 

Rebecca

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