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Q&As

An individual is the sole freeholder of residential premises. His brother occupied the premises from 1983 until his death in 2007, and since then his sister in law has occupied. No rent was ever paid by his brother or by his sister in law. Is the sister in law entitled to any rights or statutory protections in respect of their occupation?

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Published by a ÀÏ˾»úÎçÒ¹¸£Àû Property expert
Published on: 21 December 2015
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Trespasser or oral tenancy

It seems unlikely that the sister in law is in occupation as a:

  1. •

    trespasser (albeit a tolerated one) given the circumstances and length of her occupation; or

  2. •

    under a lease on the basis that leases can only be made orally when:

    1. â—¦

      it is for a term not exceeding three years

    2. â—¦

      it is not of an Incorporeal hereditament

    3. â—¦

      it is to take effect in possession, and

    4. â—¦

      it is at the best rent reasonably obtainable without taking a fine

See Law of Property Act 1925, ss 52 and 54 and our Q&A A landlord let a property to tenants on an Assured Shorthold Tenancy on

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Incorporeal hereditament definition
What does Incorporeal hereditament mean?

An intangible property right in land.

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