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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10451
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Just a brief background I've lived at my grandmothers house

Resolved Question:

Hi there just a brief background I've lived at my grandmothers house for 16 years three years ago she passed away and the house was split between the siblings including my mother. It was verbally agreed that i could remain and pay the amenities etc. The one uncle now wants his share of the house and to sell. Do i have any rights regarding this or is it I'm just a Tennant of the property and have no say regarding living here. Thanks
Submitted: 11 months ago.
Category: Law
Expert:  Aston Lawyer replied 11 months ago.

Hi,

Thanks for your enquiry.

On the basis that your Grandmother's Will did not grant you any right to remain living in the property, then I am afraid to say that you have little security to remain living there. On the assumption that you have never paid any rent, you are a "Licensee" meaning that the Executors of the Will can now ask you to leave. In these scenarios, 4 weeks notice is normally deemed adequate notice. If you do not leave, they would still need to apply to Court to obtain a possession Order but I trust that neither party would want this to happen. If you had been paying rent, then you are classed as a Tenant, and likewise, notice can be given by the Executors, asking you to leave.

I am sorry this is not the answer you were looking for, but it sets out the legal position.

Kind Regards

Al

Customer: replied 11 months ago.
Hi Al it was verbally agreed i could stay on as long as i wanted too as initially all agreed the house would never be sold for sentimental reasons yes i was paying rent to her for my whole duration living here. when she passed i paid the household bills council tax and so on as sole Tennant.
Expert:  Aston Lawyer replied 11 months ago.

Hi, do you continue to pay rent tot he Executors?

Kind Regards

Al

Customer: replied 11 months ago.
Not rent just amenitie bills which was agreed by all.
Customer: replied 11 months ago.
Gas electric phone etc and council tax.
Expert:  Aston Lawyer replied 11 months ago.

Hi,

As you are no longer paying rent, you have what is called a Licence agreement, and as mentioned previously, this agreement can be terminated by the Executors giving you notice- 4 weeks is normal. I'm afraid you don't have any more security to remain living in the property than that. and likewise, there is nothing stopping you from giving notice to the Executors that you would like to move out.

I am sorry my answer can't be any more favourable, but this is the legal position.

Kind Regards

Al

Customer: replied 11 months ago.
Hi Al pretty much what you have stated is what i thought would be the case but wanted to be sure. Thanks for your help and clear answers to my queries. Regards Paul
Expert:  Aston Lawyer replied 11 months ago.

Hi Paul,

Many thanks.

If I have answered your question, I would be grateful if you could rate my answer.

All the best.

Al

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