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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10458
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Ihave lived with my partner for 15yrs.Its his house and hes

Resolved Question:

Ihave lived with my partner for 15yrs.It's his house and he's paid the bills.I'v contributed in other ways buying bits and bobs,all the usual things that go with keeping the house running.He's now decided he doesn't want to be my partner anymore but has told me I can stay there as a lodger paying him rent.He's charging me less than going rate as he knows I can't afford to go on my own and being 60yr old it's a difficult thing to do. He's took legal advice who've told him to do a legal contract as to what the terms of me renting from him is fair to us both, then he wants us to sign it. What I want to know is will that be a legal binding document that will work both ways and is there any wording I particully need to look for so I know it's above board, also do i have any rights after 15 yrs at all
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.

My name is XXXXX XXXXX am happy to assist you with your enquiry.

Firstly, unless you have paid for improvements to the property, then you do not have any financial claim against him (eg, if you have paid for an extension/conservatory, then you would have what is called "an equitable interest in the property and you would be entitled to go to Court so your interest can be assessed and agreed).
If, as I believe to be the case, you have only paid for the running costs of the property, you have not acquired any equitable interest, as these costs have been paid to benefit you as much as him, in that you have had the benefit of a roof over your head.

As regards XXXXX XXXXX Contract allowing you to remain living in the property, this can be drawn up and would be legally binding on you both. However, please note that any such Agreement would only normally give you a slim legal right to remain in the property, in that all he probably will be entitled to grant you is a Lodgers Agreement.
As he will be occupying the property also, he is unable to grant you a Tenancy Agreement, which would give you more security. As you would merely be a lodger, these type of Agreements legally allow the owner to terminate the Agreement by giving you 28 days Notice to move out, if relationships sour. The 28 days Notice is seen as being a reasonable notice period required to be given to a Lodger, by the Courts. Likewise, he is unlikely to be advised to grant you a lengthy Agreement (eg for 2 years or so) in case relationships do sour at a later date. Normally, Lodgers Agreements last for a maximum period of 12 months, and some just run from month t month, in that it will say either party has a right to end the Agreement by giving the other 28 days Notice. In such circumstances, you have limited security in the house.

You could of course ask him to grant you an Agreement, allowing you to remain living in the property for 5/10/20 years, but whether he would agree to this is down to him and what his Solicitor advises.

I hope the above assists you.

Kind Regards
AL
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