Housing Dispute- promised sale now being evicted

[Sausage05]

Moved into my stepdad’s house earlier this year after he promised to sell it to me, giving up my long-term tenancy. He’s now changed his mind due to relationship breakdown between him and my mum (he cheated), and is pressuring me to leave without formal eviction. What are my rights?

[Sausage05]

Just bumping in case anyone has had experience with implied tenancy in a family housing situation.

[efpom]

Q? Was your 'stepdad' married to your mother?
Q? Has your mother moved out of the dwelling?
Q? On what date was the promise to sell the dwelling to you made?
Q? Is there anything in writing regarding that promise?
Q? On what date did you leave your previous rented dwelling?

This may - I emphasise 'may' be in play: https://www.bailii.org/ew/cases/EWCA/Civ/2014/1347.html

[atticus]

Before you start to get excited by that case, what were the exact terms of the "promise"? How detailed was it, or was it really quite vague?

[Sausage05]

Thank you for your response.
Q? Was your 'stepdad' married to your mother? Yes married in 2021. Together five years. Lived together at her house. His property was empty and he wanted to sell, hence the offer to buy it from him.
Q? Has your mother moved out of the dwelling? My mum still lives at her house. He moved out and is living with his ex wife atm.
Q? On what date was the promise to sell the dwelling to you made? Discussions started in Feb/march. April mortgage confirmed and solicitors informed starting the sale rolling. He gave me the keys in April and I started to move in, officially taking over on 12th May paying bills etc.
Q? Is there anything in writing regarding that promise? I have texts confirming his promise. Telling me it's my home. To collect the keys to my home. To end my tenancy asap as I'm wasting money. Helped me move using his truck to bring boxes.
Q? On what date did you leave your previous rented dwelling? Tenancy ended 30th May.

[efpom]

OK

If I understand correctly, you took up occupation in the dwelling that you had never before occupied on 12^th May 25.
You did so with the consent of the owner of that dwelling.
Your reason for doing so was because you as the prospective buyer relied on the promise by the owner that he would sell it to you.
Pursuant to that prospective sale, in April, you had a mortgage in place, and you had instructed solicitors to deal with the conveyance of the dwelling, as buyer.
The prospective seller has now changed his mind, and has ordered you to quit the dwelling.
The seller has requested that you leave voluntarily, to avoid the seller being put to the trouble of applying to the court for a possession Order.

Q? Did the seller instruct solicitors to deal with the conveyance of the dwelling to you?
Q? Did you pay any money to the owner, as rent?
Q? Were the bills that you paid addressed to you or to the owner?
Q? Did such bills include council tax in your name or the owner’s name?
[With regard to council tax, if the dwelling was unoccupied for one year or more, council tax is payable at twice th normal rate]

It seems to me that you may be able to rely on the doctrine of estoppel - either promissory estoppel, or potentially estoppel by convention to defend a possession Order.

However, I am unable at this stage to form a view about the strength of you being able to force the seller to sell the dwelling to you, which I assume is your goal.

It might be wise for you to therefore consider obtaining professional advice from a solicitor or a barrister about the position you find yourself in.

[Sausage05]

Thank you for responding again
Q? Did the seller instruct solicitors to deal with the conveyance of the dwelling to you? Yes, we both had solicitors dealing with the sale/purchase. On Saturday 4th august he instructed his solicitor to set a four week deadline on the property as he was becoming impatient. He text me to inform me this is what he had done. My solicitor said she was finalising the report. Monday 4th August he withdrew from the sale altogether. He didn't inform me of this himself, my solicitors did. My solicitor said she was shocked that we had come this far and he withdrew without explanation. He told me that he wanted to move back into the property.

Q? Did you pay any money to the owner, as rent? No rent has been paid. I offered rent money when I moved in, however, he declined as I was buying it off him. He told me to pocket the money and use it towards new carpets/new fence panels. I have saved the money, however, I have held off doing these jobs as I was waiting for the sale to go through before doing anything expensive.

Q? Were the bills that you paid addressed to you or to the owner? All the bills are in my name, including council tax. All from May 12th 2025. My step dad I believe was paying council tax up to then. I now believe that the reason for me to move in quickly, before exchange, is due to him wanting to cease paying bills here, not for my benefit as he said.

Q? Did such bills include council tax in your name or the owner’s name? Yes
[With regard to council tax, if the dwelling was unoccupied for one year or more, council tax is payable at twice th normal rate]

[Sausage05]

Sorry I meant Saturday 2nd August he set the deadline.

[Sausage05]

From what I've been advised so far and researched, he can't obtain section 21 or section 8. He would have to seek a possession order through court. I could use proprietary estoppel as part of my defence if this is the case?
What feels extremely unfair is that he encouraged and persuaded me to move in prior to the sale completing. I gave up my long term secure tenancy (13 years) to move in here. It wasn't an easy decision at all but it was a way for us to get on the property ladder. He wasn't expecting to get caught cheating by my mum which led to their separation 2 weeks after we moved into this property. I believe he has withdrawn to hurt my mum (which I know legally isn't really take into account) He has left myself and my 20 year old daughter in an extremely vulnerable position. We moved in believing this was our long term home that belonged to me. The thought of having to pack everything back up two months later is overwhelming. We also need to find somewhere which isn't easy. Two months doesn't feel like a fair amount of time given the circumstances. I never would have moved was it not for him making this promise.

[efpom]

It seems to me that your right to occupy the dwelling is pursuant to an agreement between the owner and yourself to occupy the dwelling.
The terms of that agreement seem to be that you pay no rent, but that you pay for all outgoings on the dwelling. Therefore, it would seem that you have been granted a licence to occupy, rather then a tenancy.

If I am right that your status is that of a licensee, and therefore neither section 21, nor Section 8 of Housing Act 1988 can be in play because that Act applies to tenancy agreements only and you are not the tenant of the subject dwelling. A licensee is not afforded the same security and protections as a tenant who occupies a dwelling under an Assured Shorthold Tenancy Agreement.

However, limited statutory protections do exist for licensees under the Protection from Eviction Act 1977. The Act states that it is unlawful for an owner to re-enter a dwelling if the following criteria apply:
The occupier does not have an excluded licence.
The occupier has not vacated the property.
An excluded licence is in broad terms, a state of affairs where the owner is entitled to occupy the property at the same time as the licensee.
My understanding is that you do not have an excluded licence.

The question therefore becomes: On what date does your licence terminate?
I am of the view that your license terminates when the dwelling is sold to you.
It follows that until that happens, you are entitled to continue to occupy the dwelling under the terms of the licence and you are also entitled to exclude the owner from entering the dwelling, because your licence is not an excluded licence.

As to what you should do, my view is that you continue to observe the terms of the licence by continuing to pay the outgoings. In that context, I suggest that you keep detailed records of every item of expenditure you have made.

I have one question: during the conveyancing process, had it reached the stage where contracts were exchanged between the buyer’s solicitor and the seller’s solicitor?

[Sausage05]

I plan to continue paying for bills as agreed. I have copied and printed off all the paperwork that proves bills are in my name and are all paid and up to date.
I don't think contracts were exchanged between solicitors. The last update I had from my solicitor is that she was finalising the report ready for me to sign once she was satisfied with some outstanding matters. She was waiting for his solicitor to confirm and respond just before he withdrew. We signed a deeds transfer.

[atticus]

Before you start to get excited by that case, what were the exact terms of the "promise"? How detailed was it, or was it really quite vague?

Can I remind you of this, please.

[Sausage05]

Atticus would you share your thoughts please

[efpom]

There is no rule in English law that a statement made by a witness to a judge [you would be a witness here] needs to be corroborated. However, the more documentary evidence that exists, going to proof of the truth of that statement, the more likely it is that a judge will make a finding that the statement is true.

I think what atticus is getting at is what documentary evidence exists demonstrating that you had the right to occupy the dwelling prior to sale to you and what were the terms of that right.

It might be worthwhile for you to consider posting up that documentary evidence-suitably redacted of course!

[efpom]

Further to my belief that you are a licensee rather than a tenant, I note that in Street v Mountford [1985] AC 809

"“Sometimes it may appear from the surrounding circumstances that the right to exclusive possession is referable to a legal relationship other than a tenancy. Legal relationships to which the grant of exclusive possession might be referable and which would or might negative the grant of an estate or interest in the land include occupancy under a contract for the sale of the land..."…” per Templeman LJ at 14.

https://www.bailii.org/uk/cases/UKHL/1985/4.html

However, here there is no direct contract for the sale of the dwelling from the owner to you as the owner has pulled out of the conveyancing process.

There does seem, however, from your writing on this thread as OP, that there was a promise made by the owner for the eventual sale of the dwelling to you. That might well be a contract - That is to say that you occupied the dwelling, relying on the promise made by the owner that he would sell the dwelling to you, offered rent which was refused,paid all of the outgoings (including paying council tax as occupier, thus extinguishing the council tax premium for no occupancy otherwise payable by the owner) and reduced the risk of burglary or vandalism if the dwelling was left unoccupied.

You now find yourself in a detrimental position because you relied on that promise following the owner’s decision to renege on that promise.

It seems to me that there are two ways that this could pan out. Either the court on an application for possession decides that you are A) a tenant or B) a licensee.

Both of these outcomes have advantages and disadvantages to you.

However, in any event, I believe that you would be entitled to be compensated for the losses you incurred because of the owner reneged on its promise to sell the dwelling to you.
Those losses would certainly include the loss stemming from you giving up the tenancy of your previous dwelling.

Q? Did your previous dwelling (where you were the tenant) give you any right to purchase that dwelling under the “right to buy” regime for social housing?

I again repeat that it might be very worth your while to seek professional advice from a solicitor or a barrister.