Lady in my fathers bungalow.

[KPritchard]

Myself and my wife purchased a 2 bedroom bungalow in 1998 for my mother and father to live in rent free. The land certificate is in myself and my wifes name.
Sadly my mother passed away in January 2010 and my father started dating a lady 6 months ago. We have told her the situation regarding ownership of the bungalow.
She has spent some nights there and has started refering to the bungalow as belonging to herself and Dad.
I am just wandering if there is any possibility of her getting any right of occupation to stay there if Dad passes away before her.
Myself and my wife are now 57. Dad is 83 and is in good health for his age and the lady is 80.
We do not want the bungalow back while Dad is living in it but we do not want his lady friend living in it for possibly another 20 years if Dad is no longer around.
Of course if Dad is fit to live in it for another 20 years we will not throw him out.

K Pritchard

[boxtops]

Surely as it's your house, you can say who lives in it - if it were your father's house, it would be a different matter.

[sinderella]

kindly say you feel uncomfortable of her referring to her "her" bungalow
if she would like to buy it off you for £250,000 it would make you feel so much better.

[woofgang]

Does she know you own the bungalow? Has anyone told her?

[KPritchard]

Hi Sinderella

I think if I put the bungalow up for sale for £250,000 in the area it is in I would have a lot of people wanting to buy it.
A 3 bedroom semi bungalow went for £380,000 and that one does not have a garage or any room to build one.
If somebody wanted to the garage could be converted into a bedroom and another garage put on the side or they could convert the garage into a bedroom and put another bedroom on the side.

K Pritchard

[Zacs-Master]

Well that's helpful.

[hc4361]

Not one useful reply yet. I, too, am interested in this scenario.

[KPritchard]

Hi Woofgang

Both myself and my wife have told her we own the bungalow.
Oddly enough a few people have said we should give the bungalow to Dad and her but we are not prepared to do this.
It is a nice bungalow and we will possibly live in it when Dad passes away and we would sell our house.
Even though our house is bigger the bungalow is in a better state furnature wise and decor wise.

[woofgang]

What does your Dad say about this?

[maggiebee]

What would happen if your dad married his lady love? Assume she still has a home of her own if she is only spending some nights there. Scots law very different from English law so won't venture to give any legal argument.

[Ann]

Why don't you have a word with your Dad and tell him your concerns?

[daffy654]

I think your dad needs to make it clear to his lady friend that he does not own the bungalow and that if he dies before she does she will have to find somewhere else to live.
Perhaps look into getting a tenancy agreement made up that states your dad is the only tenant and immediately upon his death possession of the property returns to you.

[Maydup]

Its your house and no one can take it away from you. But you must protect it. Get a tennancy agreement for Dad and renew it for him each year. If he were to out live his lady friend she would need to leave. If she were to assume rights to stay as a tennant you woud give her notice as per the agreement.

Get some legal advice to tie it all up properly and you can all live happily until the end of your days, with or without the companion.

[AMYSULLIVAN]

Hi K Pritchard

With so much involved value wise I think you really do need to see a solicitor.
Something which could happen is your father could pass away and if the lady was allowed to stay in the bungalow she may bring another man in who may outlive her so you may not be able to get your bungalow back for years.
Disregarding the possibility of the lady bringing in anothar man as you have said your father could pass away and she could be in the bungalow for years if she had a right of occupation.
Even if you get a tennancy agreement in place she may refuse to leave if your father passes away and it could take you some time to get her out if she has the locks changed for example.
Putting the legal situation aside if you do have to get to the point of turning her out I do not think you will be Mr Popular.
I know a lady who took her father into her house and he suddenly got a lady friend about his age. ( I have got her permission to write this ).
The father knew the situation regarding the house and knew there would be no way he would get married.
After a few months friends were asking them when were they going to get married and the lady was wanting the daughter to leave her own house and get a flat.
Nobody thought of the fact it was the daughters house and she was 61 at the time and widowed.
The daughter was not Mrs Popular as she would not do this and the father also said there is no way she was leaving. He wanted to stay in the house for the rest of his days.
Unfortunately the father and his lady friend then split up and sadly the father passed away 2 years later.
Oddly enough the daughter has now sold the house and got a bungalow.

Amy

[tonywiltshire]

I assume there is no tenancy agreement with your Father and I would correct this and grant your father a shorthold assured tenancy with a fixed term of 6 months, at a monthly peppercorn rent if you wish. During the fixed term your Father will have security of tenure at the end of the fixed term he will not have security but will be allowed to remain in possession as a statutory periodic tenant. The advantage of this will mean that at any time after the fixed term has expired you can serve a section 21 notice for possession in two months and the court must make an order for possession provided the correct procedure has been followed. This should provide you and your wife with some comfort.

[themas]

tonywiltshire's suggestion might work, but might be difficult to implement as the lady could refuse to leave and oppose any Court action for eviction. The situation could become very difficult if your father became incapacitated and the lady remained in the property to look after him. She could then consider she has obtained some rights; what attitude a Court would adopt is not clear to me.

I do think you need to see a solicitor & get the situation regularised in such a way that there is no possibility of the lady having any right to remain in the property after your father dies. This needs to be made very clear to her in writing - ideally with her signature on a document accepting the position. If she is not willing to do this then it brings thoughts to mind that she is trying to create some entitlement for herself.

[boxtops]

Why don't the "few people" mind their own business,KP? It's entirely up to you whether or not you give the premises to your father, and you don't want to. Take no notice.

[MartinBev58]

Hi K Pritchard

Following on from what themas has said another concern is if the lady had the right to occupy the bungalow after your father has passed away what would happen if she bought in another partner who could be 20 years younger ( not much older than you ).
If he did not have a home I am just wandering what attitude the courts will take with regard to evicting him especially as you have another property.
If he is given the right to stay you may never get your bungalow back during your lifetime.

Martin

[tonywiltshire]

No themas if the lady decided not to leave on the date given for possession by the court the landlord will apply to the court for a “warrant for possession”. The warrant for possession is an instruction to the court bailiff who will carry out the removal of the tenant and others. The tenant may apply for the warrant to be deferred, but it is unlikely this would be granted, I have never known the court to defer the possession in the circumstances that are described.
Martin the lady would not have gained any rights to remain, this is the advantage of a assured shorthold tenancy that the tenant and others only have security for the fixed term, which must be a minimum of 6 months. The assured shorthold tenancy were introduced under the 1988 Housing act to breath some life into the moribund letting market in which landlords feared that they would not be able to recover possession of their property, without this act there would be a great shortage of property to let. The landlord has an absolute entitlement to possession if the correct procedure is followed.