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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70643
Experience:  Over 5 years in practice
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My husband and mother in law bought their council house under

Resolved Question:

My husband and mother in law bought their council house under right to buy in 1999 however his mum gave her half of the property as deed of gift in 2002 what rights does she have if she is renting a room in the house ?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Is the gift documented and who was it to?

Is the house in joint names of mother and son?

Who is renting room and in occupation?

Customer: replied 3 years ago.
It is documented through solicitors in 2002 she rents a room in the house which is in my husband and my names only. What do we need to do to evict her as she is making life very difficult for us. Is she a lodger?? We live in the house also full time she shares kitchen and bathroom with us and has cleaning and cooking done for her by us.
Expert:  Jo C. replied 3 years ago.
Does she have any financial interest in the house?

Was it her share that she gave to you?


Customer: replied 3 years ago.
She transferred her half to my husband who bought her out in effect by getting a mortgage in his own right I believe this makes her have no financial claim to the house at all and that she is just a lodger
Expert:  Jo C. replied 3 years ago.
Thanks

Your mother-in-law is likely to be excluded occupier if she shares facilities, which seems likely.

This link explains

https://www.gov.uk/rent-room-in-your-home/your-lodgers-tenancy-type

As such, she is in effect just a lodger, even though she may pay rent. You are entitled to ask her to leave on reasonable notice which would usually correspond with the rental period.

There is another government link which confirms that

https://www.gov.uk/rent-room-in-your-home/ending-a-letting

if she does not move out at the end of that period, you are entitled to change the locks unlock her out but must give her, her belongings back on demand.

There is no need for a court order or to go to court at all, provided she has no financial interest in the property

Can I clarify anything for you ?

Jo
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