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Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7600
Experience:  BA (Hons), PgDip, Practising Solicitor
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My father ownes his own home and has asked some one to move

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My father ownes his own home and has asked some one to move in with him. in the event of his death can the person claim tennants rights and would they then have to pay rent to the person who inherits the property

Would this person be paying market rent?

Would they have a tenancy agreement?

What are the circumstances which have compelled your father to share occupation?

Customer: replied 4 years ago.

My father has asked my aunt to move in with him following the death of my mother for help with jobs around the house, there is no tenancy agreement between them. he has asked her to go to a solicitor to sign an agreement stating she would not attempt to seek any kind of monies after his death, which she will not do saying she would be loyal to her family. My father has asked her to move in with him to help her with money matters so that she does not have to pay rent on her bungalow or pay any bills


Thanks for your patience.

My answer assumes that she did not contribute any monies to the initial purchase of the property and that they will not be married.

The position is that where a person is not named on the registered title to a property then you can generally only claim an interest in the property if you have made either a capital contribution to it (ie. financing the purchase or pay for significant works which materially increase the value of the property) or have maintained the mortgage payments/paid rent or bills/foof to a total that is more than you would otherwise have paid in private rented accommodation in the area.
Provided does not contribute more money in payment for food than she would have otherwise paid in private rented accommodation for rent/bills/food and does not make improvements to the property which increases it’s market value then she would not be advised to make a claim against the property

If she occupies the property without an agreement then she would probably be regarded as an unlicenced occupier, which means that she would not have many rights but would have the right to receive reasonable written notice of her eviction.
In the event of your parent's passing away and then the other complication would be if she attempted to make a claim against the estate under the Inheritance (Provision for Family and Dependent) Act 1976. This is where a person who was not provided for in a will makes a claim for some of the estate on the basis that they were dependent upon the deceased. For this reason it would be better if there was a written agreement covering her occupation either in the form of a tenancy agreement or cohabitation agreement.

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Kind regards,

Thomas and other UK Property Law Specialists are ready to help you
Customer: replied 4 years ago.

Thank you very much for your help

You're welcome.