Q&As

A person has a right to remain and live in a property which is owned by others until their death, provided that they maintain and insure the property. This person has dementia and is a possible harm to themselves and has not been maintaining the property. What steps should the owners take to safeguard the property and the occupant?

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Published on LexisPSL on 17/04/2018

The following Private Client Q&A provides comprehensive and up to date legal information covering:

  • A person has a right to remain and live in a property which is owned by others until their death, provided that they maintain and insure the property. This person has dementia and is a possible harm to themselves and has not been maintaining the property. What steps should the owners take to safeguard the property and the occupant?

This Q&A assumes that the occupant is not occupying the property under the terms of a settlement and so have not considered any trustee duties or liabilities. It also assumes that the owners do not have any other legal obligations towards the occupant (eg under a Court of Protection deputyship or under an enduring or lasting power of attorney). This Q&A assumes instead that this is a simple landlord/tenant scenario. It also assumes that the occupier doesn’t have a carer, live in or otherwise.

Even within the confines of a landlord/tenant scenario, it may not be wise for the owners to rely on the terms of the occupation (ie the tenant’s o

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