UK Landlord Forum / Life

My mother signed her house over to my sister and I in 2000 to avoid any problems if anything happened to her, as she had a long term lodger living there who paid her rent and had his own room.  My mother passed away in November and we now have the problem of removing the lodger as we have to sell the house and split the proceeds as executors of her will.  We have a rent book and have served him with a section 21 notice he has taken this to the council to get rehoused. The council are trying to tell us that we cannot evict him even though we have not even been able to go through my mothers effects as yet and all her possessions are still in the property. Please can you advise...

What grounds have the Council advised you are missing for not being allowed to evict.  That's kind of important to any advice you get here.

are the council saying that as the house was your mothers the lodger became a tenant when your mother died rather than the lodger she was when staying in your mother home? I thought that if you gave reasonable notice a lodger can be asked to leave.

He is claiming they were partners, although they were only companions and he had his own room etc... we also have rent books which mother kept showing he paid rent.

Apparently we have since been told he became a secure tenant when mother died and we have served the wrong notice.

We do not have a tenancy agreement in place either, but he has accepted a new rent book and paid rent to us on a two  weekly basis.
Which states a six month shorthold tenancy and use of 1 room and communal use of bathroom etc.

We have the deeds to the house which was signed over in 2000 and also a letter from solicitor stating he has no right to stay in the property should she die.