How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Thomas Your Own Question
Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7478
Experience:  BA (Hons), PgDip, Practising Solicitor
28732269
Type Your UK Property Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

My father ownes his own home and has asked some one to move

This answer was rated:

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
Hi,

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?

Tom
Customer: replied 3 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

Hi

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.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Thomas and other UK Property Law Specialists are ready to help you
Customer: replied 3 years ago.


Thank you very much for your help

You're welcome.

Tom

Related UK Property Law Questions