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sammy
12-11-2005, 14:54 PM
Hi just a quick question, I purchased my parents house some 16 years ago and suggested they live there with no rent invloved. My younger brother moved in with them and resided there also rent free for 15 years . My problem is now that both of my parents are deceased what rights if any has my brother got if I wish to sell the property? Thank you in advance Sammy

dazalock
12-11-2005, 16:03 PM
Hve you ever taken rent money from your brother?

sammy
12-11-2005, 17:05 PM
No never! It has never even been discussed.....

MrShed
12-11-2005, 21:17 PM
He has no rights in that case, he is a guest, he is not a tenant, as the tenancy was not begun by the act of giving/receiving rent. Just tell him he has to leave, and if he wont, report him to the police for trespassing. Or even easier just change the locks when he is out.

dazalock
12-11-2005, 21:59 PM
My line of thought shedster, thats English law anyway, I would assume Scottish law is the same.

dazalock
12-11-2005, 22:01 PM
Oh and can I add, Sammy, the moment you do take rent, you create a assured shorthold tenancy ........... so unless thats what you want, dont!

Steve C
13-11-2005, 01:46 AM
Not sure the solution is as straight forward as the previous answers may suggest. If your brother has maintained/improved the house over that period of time, he may have a claim over part of the value of the house. And when have the police ever taken action against somebody with the keys to a house and who could prove they had lived there for so long. They are going to say it’s a civil matter and walk away. What if your brother claims adverse possession? If he was living there without your permission all of that time he could have a claim to the whole of the property as a squatter. You say that no rent had been paid. What if he could show that he had been paying rent. Ie to your parents. I’m not saying that the previous answers are wrong, but there is clearly not enough info to give a definitive answer.

MrShed
13-11-2005, 02:24 AM
Some fair points there Steve.....but would just like to rule one of them out :p . A squatter can now, after recent changes, only claim adverse possession if the property owner does not object to the possession when notified by the court. Obviously this poster is going to object, so this will not be possible for the brother.