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Legal matters

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Occupier's rights during (and after) a house sale

138 replies

Samantha8027 · 15/12/2021 14:25

I wonder if anyone can help me with a tricky legal issue surrounding the rights of occupiers during (and following) a house sale.

My friend was recently 'forced' to move home when her parents sold their property. She's over 18, and she lived there with her mum and dad. Although she did not have any formal tenancy or rent agreement, she'd occupied the house for all of her life (since she was born) and paid (ad hoc) towards the upkeep/maintenance of the house, as well as her share of the household bills (I think she paid a third of these).

The contract of sale (incorporating the Standard Conditions of Sale, Fifth Edition) was signed by both my friend's parents and completion then successfully took place.

Sometime after the sale, my friend discovered that the Contract included an additional clause - specifically, Special Condition 7: "Occupier's consent". Special Condition 7 provides for named occupiers of the property (that is, any adults in occupation of the property other than the seller/s) to sign the contract to confirm their agreement to the sale and to release any rights they might have in the property and any fixtures and contents included in the sale.

It states as follows:

"Each occupier identified below agrees with the seller and the buyer, in consideration of their entering into this contract, that the occupier concurs in the sale of the property on the terms of this contract, undertakes to vacate the property on or before the completion date and releases the property and any included fixtures and contents from any right or interest that the occupier may have.

Note: this condition does not apply to occupiers under leases of tenancies subject to which the property is sold."

Below this, my friend's name was printed and there was space for her to apply her signature to give consent.

At no time did she sign the contract or give her consent to the sale. In fact, she was never actually made aware that her signature was requested/required. She was never shown the contract, or asked to sign it, by either of her parents. Indeed, she believes that this was deliberate; she was not supportive of the sale and would very likely not have given her consent or applied her signature if she'd been asked to.

As a result, she believes that the fact this clause was withheld from her might have been intentional. She was explicitly told that her consent was not needed and that he did not have any "rights" as an occupier. In fact, she was told that, despite her own unwillingness to move home, it was simply "tough luck".

Sadly, from her perspective, this clause has only come to light after the fact. The house has now been sold, and both she and her parents have left the property; the buyers have since moved in.

Upon learning about this clause, she asked for some informal legal advice and was told that it was very likely the case that, by moving out, she has effectively made the clause redundant, despite never having signed it. It appears that, had she known about it at the time, staying put and refusing to sign the contract would have been her best option.

She feels - and I think not unreasonably - that she has been deceived and treated unfairly. She is currently thinking about exploring any legal action she might be able to take.

I am wondering if anyone has any advice on the following:

(a) Does anyone know exactly what the consequences would have been at the time had she known about the clause in the contract, refused to sign in and then declined to give her consent to the sale or leave the property? How far do occupier's rights actually extend? What rights, if any, would she have had to remain there and would this have had any impact on the sale of the property?

(b) Acknowledging the fact that she has now left the house and effectively made the clause redundant, what (if any) are the implications this clause being withheld from her? My friend is very clear that she did not know that she had the right to pro-actively withhold her consent. In never having the clause presented to her, she feels she has effectively been 'tricked' into vacating the property.

(c) What legal redress do people think she would have in this case? She also finds it strange that the solicitors who managed the sale of her parents house did not query or question why she had not signed her consent, given that they inserted the clause (with her name) into the contract.

(d) If there are any implications stemming from the above (and there may not be), what repercussions would (or could) there be for the people who bought the house and who now live there?

OP posts:
Boomboomboomboom · 15/12/2021 17:49

Your friend occupied under a bare licence sometimes called a familial licence. Its the lowest form of occupation agreement and can be unilaterally terminated by mum and dad on reasonable notice.
Them telling her "were selling up and moving out" would suffice.
As soon as property sold, her right to occupy also ends as it isn't free standing and is derivative of her parents ownership.
The standard form does have that section just to give the purchaser some comfort but imo she has no legal claim against parents or purchasers.

Highly unlikely she'd have any claim to profits of sale as a consequence of a resulting trust because she bunged her parents a few quid for 'rent' unless there was some express agreement to that effect.

Time for her to move on, grow up, and enter the real world.

AmIgoinghomeforXmas · 15/12/2021 17:49

If she has a rich partner she should pay for proper legal advice.
It sounds as though she could claim she spent money to her detriment on the property but she doesn't seem to be saying that this was because she believed she had a stake in the property, or that her parents had told her that she did.

burnoutbabe · 15/12/2021 17:49

@DaisyNGO

OP "From what I understand of her situation - mortgage payments no (but there was no mortgage on the house for anyone to pay), substantial maintenance and repair bills yes."

Your 18 year old friend paid this on the understanding she part owned the house?

yep, thats the crux of it, what did her parents promise her about her contributions?

if they said she would get a share of the house, from her contributions, then maybe there is some case. MAYBE.

SinoohXaenaHide · 15/12/2021 17:49

She could have sabbotaged the move, chained herself to a radiator, refused to budge and blocked the new owners from moving in.

If she had done this, the new owners would have had to apply to the courts for an eviction order (which would have been granted eventually) and they would have sued her parents for an enormous amount of money to cover their costs of not being able to move into the property they bought, and prosecuting the eventually successful eviction action, because the contract that her parents signed guaranteed vacant posession on the date of completion of the sale and they would have failed to deliver that.

That would probably have bankrupted her parents.

Yes she could have legally done it. No there isn't any legal recourse open to her to mitigate for the fact tha she didn't think of doing this at the time.

knittingaddict · 15/12/2021 17:51

She sounds like an utter brat.

Jayaywhynot · 15/12/2021 17:51

Yep, I can now die in the knowledge that I've seen everything.
Your friend in an entitled, spoilt brat.
I'm so glad she's not my child.
Her parents have raised her, with I assume considerable cost, housed her, put her through education, christ they even wiped her arse for her and she's not happy because she thinks her rights have been infringed 🙄
I'd kick her up the backside, entitled little mare.
Where's she living now, still with her parents?

MichelleScarn · 15/12/2021 17:52

How old is she, what other contribution did she make and where is she living now?

Agree with all the above re she's an entitled horror!

MichelleScarn · 15/12/2021 17:54

Is she actually a family member of yours?

MrsLarry · 15/12/2021 17:55

Good grief. Your "friend" sounds vile!

countrygirl99 · 15/12/2021 17:56

Given your latest post OP I would block her everywhere and run for the hills. She sounds a real user and she won't care who she hurts.

DaisyNGO · 15/12/2021 17:57

Just realised OP described her as "over 18".

Also wondering if the missing link is the lady thought she had partly inherited the house, possibly at the same time as her parents did....but then surely she'd have asked for papers?

Drip feed to be coming maybe.

knittingaddict · 15/12/2021 17:58

Why not tell us how old she is op? Over 18 could be anything from 19 to 99. Just trying to imagine how much she could possibly have paid in repairs. Also not sure if this has been answered, but has she paid rent to her parents? I hope so.

LuluBlakey1 · 15/12/2021 18:02

Are you the parent?

Theremoresefulday · 15/12/2021 18:02

Your friend is a cheeky fucker.

grassisgreen · 15/12/2021 18:03

Is she hoping that the Contract for sale with the pertinent Occupier's Consent clause amounts to evidence that shows she had a beneficial interest in the house? If so I think she is muddling up two different issues.

  1. the occupier's clause itself which she didn't sign, and others have advised will not bring her any legal redress, given she has moved out.
  2. If she is claiming a beneficial interest amounting to a trust she will need a lot more evidence of the money spent and intention that she benefits from the house.
If she pursues a a legal action for a trust (very very expensive) and loses she will be on the hook for her parents' legal fees. Very rich partner may not wish to pay these. Very rich partner may move on very quickly if this is her attitude to money and people she lives with.
Samantha8027 · 15/12/2021 18:04

No, I'm not her parent and no, she isn't related to me in any way.

OP posts:
bestdhever · 15/12/2021 18:06

What does she want out of this exactly @Samantha8027? Seriously though...what does she actually want to happen?

gogohm · 15/12/2021 18:10

Yes we were asked if any over 18's live there but they haven't been asked to sign as they are our children, I think if it's an unrelated adult they have to confirm they will leave the property.

Beautiful3 · 15/12/2021 18:10

I'm sorry but why would your friend want the right to sabotage the house sale by squatting?! She has to accept it, move on and stop investigating it. The house was never hers, she paid rent, like most grown up children. Sounds like her parents were right not to have shown it to her.

Theremoresefulday · 15/12/2021 18:19

She’s moved out. Is she intending to go squat now it’s owned by someone else?

SophieHatterPendragon · 15/12/2021 18:21

I think her age makes a big difference. I can’t believe that someone. Under 30 would have contributed thousands to their parents house maintaining and repairs.

Either way your friend is the epitome of a spoiled brat. Sounds like if the house was not mortgage she now thinks there is a way for her to get a share of the money by trying to play this silly game.

WallaceinAnderland · 15/12/2021 18:24

@WallaceinAnderland

She had no legal right to live there. If she had known about the clause and refused to sign, she would have been squatting and her parent would have had to apply to the courts to have her evicted. She would not have gained anything from this, financially or otherwise. By moving out, she no longer has squatters rights so has no legal recourse.
It's a standard conveyancing clause.
WallaceinAnderland · 15/12/2021 18:26

@Viviennemary

Never heard of such a thing. I'd be sceptical that the clause even existed.
It's a standard conveyancing clause.

Sorry, quoted my own post by mistake!

Theremoresefulday · 15/12/2021 18:29

My mum and dad had to get me to sign in 1990 ish. It’s been around a long time.

torquewench · 15/12/2021 18:30

How old is this friend? Have they moved to a new property with their parents? How did they get their hands on a copy of the sale contract?

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