Great Aunty being evicted after 30 years - help!!

[Baldylocks]

Hi everyone

Not sure if this is the right place, but thought I would ask for advice here, as you have all been so kind to me over on the bank/debt forums.

I am actually posting on behalf of my Great Aunty, and it is a bit complicated but if you have the time please have a read and see if you can offer me any advice..

My parents bought a house 30 years ago, in their joint names and my Great Aunty has lived in it rent free ever since. They did this as she was on a very low income and they came into some money, so there was no mortgage on the house.

My parents divorced a couple of years ago, and now my Dad has decided he wants to evict her because he wants to live in the house himself.

Does she have any rights over the property? I don't know anything about these things, but you hear of 'squatters rigts' but I don't think she is a squatter poor love, she has always paid for all the bills and upkeep of the house!!

I have been stranged from my Father for many years, and feel terrible about the stress he is putting my Aunty through - is there anything I can do? Surely she can't be eviscted after all this tme - the only thing is she has never had a tenancy agreement as it was family, she thought it ddn't matter

Thak you for your time.

[Lula]

When the house was purchased was there anything in writing to say that Your Aunty could live there rent free for the rest of her life?

[Baldylocks]

No, nothing. She doesn't have anything in writing at all unfortunately.

[JonCris]

Who pays the utility bills or corresponds with the council over council tax etc & does she receive state benefits, pension etc as that address?

& if so for how long

[Baldylocks]

she pays all the bills, including her council tax (although she gets council tax benefit), she is registered properly at the address, has her pension and bank statements and everything there. She doesn't have any other address.

the only thing she doesn't pay is buildings insurance, it has always been a worry for her as they wouldn't insure her as the house isn't in her name, and Dad was too tight to ever pay for it, so she has always been ultra careful.

[Baldylocks]

Sorry forgot to mention thatshe has been there since 1979, and has paid for everything from the date she moved in.

[Aequitas]

From the details you have supplied:

It does not look as if Great Aunty has any tenancy with statutory protection. Indeed, she probably has no tenancy of any kind. "Family" situations are always difficult; there is often an absence of any intention to create legal relations, a requirement for a tenancy. You may feel that the fact that she has been there for so long ought to count, but unfortunately it does not.

If she has paid for some of the upkeep that may give her an interest in the house. It all depends on the circumstances.

There is also a possibility that she may have the right to stay under what is called proprietary estoppel. This arises when a promise is made which another person relies on. It is usually, but not always, dependent upon the person to whom the promise is made acting to their detriment. So, if your parents said to Great Aunty, "Come and live with us and look after the children (or be our housekeeper or whatever) and you will have a home for life" and she left a comfortable house to do so, then she can rely on the promise. On the other hand if they just invited her in out of kindness and without making any promises, she has no case. There are no hard and fast rules and there are any number of situations between these two extremes.

I think Great Aunty needs to go and see a landlord and tenant specialist solicitor and set out the whole history and see what he says.

Whatever the legal position may be, Great Aunty needs to consider whether she really wants to carry on living in a house with someone who does not want her there. It is quite possible that life will become very uncomfortable. She may well find that if she is rehoused by the local authority that she takes on a new lease of life. This is exactly what happened to someone I know in a very similar situation.

[JonCris]

I agree with Aequitas Your Aunty needs to speak to a housing solicitor.

Housing is still one of the areas for which legal help (formerly aid) is available

& of course there are other points to consider - if your mother is still a joint owner she might have some authority in this situation

[Conniff]

Great aunt gives me the impression of her being not too young, if that is the case, then as well as the advice given above, get it touch with your local Help the Aged.

They have legal departments and might well be of service.

[DocH]

Age Concern may also be able to offer advice and help

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