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Dad was my tenant, step son lived with him, dad has died, step son still in home

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Author Topic: Dad was my tenant, step son lived with him, dad has died, step son still in home  (Read 54 times)
Guest
« on: July 30, 2020, 04:25:24 PM »

Hi I own a property, my dad lived in it, no legally binding paperwork, he had his stepson living there, he died this month,stepson is still there, my dad was my tenant, stepson was his lodger, I am putting house on the market this week, took out mortgage so dad didn't lose his house, the stepson is already playing up, and think he is going to be awkward around viewings, he knows he is only there until he finds somewhere to live, looking more and more likely I am going to have to give him notice, I take it his status stays as lodger / excluded occupier with all that has happened??
Any thoughts/advice appreciated
Sr. Member
Posts: 376

I like property

« Reply #1 on: July 30, 2020, 04:32:11 PM »

My condolences for your loss.

Did your dad have a will? What's happening to any estate? Probate? Administrator?

You need to figure out who's the tenant if you want to give notice. Was there rent (monetary, or in kind) paid, and if so how much?
Guest
« Reply #2 on: July 30, 2020, 04:42:04 PM »

Thanks

I am sorting dads estate, it will be only a tiny amount left, there was a will, the stepson was not part of the will, the house is no longer part of dads estate as I purchased it from him outright, dad just sent me the mortgage amount each month.
Sr. Member
Posts: 376

I like property

« Reply #3 on: July 30, 2020, 05:43:28 PM »

the house is no longer part of dads estate

But the tenancy, which continues after death of landlord or tenant, is which is why I stated that you needed to work out who the current tenant is.

dad just sent me the mortgage amount each month.

Ugh, see a (suitably qualified and experienced) lawyer. Sounds possible that you did a sale and rent back, which is a regulated activity!
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