Squatters Rights!

[oscar]

This seems like a strange title - it will become clear, and Legal is the best place.

I am asking this on behalf of a friend.

Local Authority has advised them that they have never had a tenancy agreement in place. They have lived in the property for 30 years! They have also been in receipt of housing benefit over this time.

Of course, due to legislation and other factors there have been improvements and upgrades made to the property - however I dont think (personally) that has any effect/influence.

The LA has written to them asking them to sign an agreement, and if not possible for them to get to the place, they will arrange for someone to come out!! (no suprises there!)

Just wanted an input on the legal aspect/position. Given the council has never had an agreement, could this not be deemed as gifted? (for want of a better word/phrase)

Obviously legal advice is a must, but we do have a good few brains on here to rattle as well.

Thanks all
Oscar

[roomtobreathe]

Re: Squatters Rights!

Not sure about the 'gifted' position but if it ends up with them signing an agreement then they need to make sure it doesn't include any of these new ideas going round re short term occupancy and all that.

[Gerry]

Re: Squatters Rights!

That’s a nightmare, the poor people are going through all that hassle through no fault of their own. I've read a few article's where MSP's have got involved to help re housing issue’s.
(housing is a devolved matter)

I’ve was just educated today that MSPs represent constituents on devolved matters and MP represent constituents on reserved matters at House of Commons

[diddlydee]

Re: Squatters Rights!

I think I understand where you are coming from Oscar. It is a known loophole that people can take "ownership" of a house when they have lived there exclusively, unchalleneged and without an agreement for a period of time.

My main concerns for your friend if thinking along this route would be:
a) the council is likely to be the registered owner on the title deeds - this might affect any claim?
b) they have been paying rent for the property, and the council could prove this monthly payment is rent

I apologise if I have misunderstood your query. Obviously I am no legal expert, but wanted to throw a couple of possible reasons for challenge your way!

[oscar]

Re: Squatters Rights!

My main concerns for your friend if thinking along this route would be:
a) the council is likely to be the registered owner on the title deeds - this might affect any claim?
Agreed, but then if the house was private, and someone just entered and lived there x amount of time - title deeds would be somewhat irrelevant (from my limited understanding of squatting rights)
b) they have been paying rent for the property, and the council could prove this monthly payment is rent
True, but not directly - always in way of benefit direct to council.

I apologise if I have misunderstood your query. Obviously I am no legal expert, but wanted to throw a couple of possible reasons for challenge your way!

Dont think you have misunderstood - is spot on what you have said, and something that I have pondered. Cant see anyone getting a house for free in those circumstances, but then housing law can be a very big mine field.

[diddlydee]

Re: Squatters Rights!

Oscar, a starting point would be here (scroll down to the UK bit):
Squatting <--- clicky

Personally, I don't hold out much hope for your friend, but you could say nothing tried nothing gained. Could the council, however, take a negative view and obtain eviction ??? Oh it's a proverbial can of worms, and I, for one, would not be qualified to offer advice!