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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7617
Experience:  UK solicitor holding an England and Wales practising Certificate.
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If someone is living in a Property and is duped to get out

Customer Question

If someone is living in a Property and is duped to get out of it so a relative can get the property thru inheritance tax does the person have any say or case against this person if they had been living in the Property for four years.The Property was being rented and a family member went in to live in the Property and was told that they cud get the other tenants but of the Property cos they were family wud it then mean the person who had firstly lived in the Property as a family member wud they have a say in what eventually happened to the property.
Submitted: 3 years ago.
Category: Property Law
Expert:  Thomas replied 3 years ago.
Hi

Who is the registered owner of the property, you, your parent, your brother?

Kind regards

Tom
Expert:  Thomas replied 3 years ago.
Hi,

Are you able to respond to my above post to enable me to answer please?

Kind regards,

Tom

Expert:  Thomas replied 3 years ago.
Hi,

Are you able to respond to my above post to enable me to answer please?

Kind regards,

Tom
Customer: replied 3 years ago.

My bro t h e r h a s r e g i s t e r e d h i s e l f.M y M o t h e r d i e d i n 2 0 1 0.

Expert:  Thomas replied 3 years ago.

Okay.

 

Did you have a tenancy agreement or other agreement governing your occupation?

 

Can you explain what you mean when you say that you were duped to get out of the property?

Tom

Customer: replied 3 years ago.

I l i v e d i n t h e h o u s e b e f o r e. T h e r e w a s n t C o u n t r y Ha n y t e n a n c y a g r e e m e n t. M y b r o t h e r h a d t o g e t m e o u t s o w h e n I w a s o u t o f t h e C o u n t r y h e t o l d m e w h e n I r a n g h o m e h e h a d t h e h o u s e.I w a s i n N Z. W e l l I d i d n t k n o w h e w a s g o i n g t o d o t h i s b u t f o u n d o u t w h a t h e m e a n t l a t e r .

Expert:  Thomas replied 3 years ago.
Hi

Was this your parents house?

Were you simply living there with their permission?

Tom
Customer: replied 3 years ago.

I w a s y e s

Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your question.

If it is the case that you were living at a property that you did not own but with the permission of the owners and you did not have a tenancy agreement or other written agreement governing your occupation then there is probably nothing that you can do.

This is because in the above circumstances you would be regarded as an "excluded occupier", which means that you would not have many rights. The only relevant right is the right to receive reasonable written notice of your eviction, but if you had already the property and were living in another country then it seems that your brother did not breach your rights.

If your brother has dealt with the adminstration of your parent's estate then you might have rights under the Will if you are a beneficiary OR if you attempting to claim a part of the estate despite not being a beneficiary under the Will though..

I am sorry.

If this is useful please kindly click accept and rate my answer.


Kind regards,


Tom