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House rent to family

(14 Posts)
Spentwidow Thu 15-Mar-18 13:32:14

My home is rented , but my daughter wants to move in ? should I let as this will be a problem when I die , as other family in the will .

OldMeg Thu 15-Mar-18 13:38:20

Don’t understand. Can you explain a bit more fully please.

Spentwidow Fri 16-Mar-18 09:14:41

It's a situation where daughter is unhappy in her situation ,and I surgested living at my place( I'm not living there) but we don't get on and there is her other two siblings to consider when I die, and if they contest the will which as it stands is split three ways ,

Chewbacca Fri 16-Mar-18 09:28:21

Surely if you have a legally drawn up, will that clearly leaves your estate to be left to your 3 children, there won't be any grounds to contest it will there? If you're concerned, it might be worth discussing this with your solicitor who may advise adding a codicil to your will, making the terms of your will clear.

Oopsadaisy12 Fri 16-Mar-18 09:32:51

Make sure that your daughter pays rent etc. And has a proper rental agreement. Just like any other tenant.

If you do this, why would they contest the will?

If on the other hand you are going to allow her to live there rent free, apart from the tax implications for you both, that’s a whole different scenario.

farview Fri 16-Mar-18 10:54:13

Would she then (will or not) become an immovable sitting tenant?? Just asking...

M0nica Fri 16-Mar-18 11:00:43

Only a solicitor can tell you definitively what the situation would be and how to ensure the outcome you want.. We can only offer opinions, neither legally binding or necessarily, correct.

See a solicitor.

gummybears Fri 16-Mar-18 13:03:07

Are you yourself the tenant OP? Or do you own your home outright?

Spentwidow Fri 16-Mar-18 14:20:33

Thanks for the help , I will go to a solicitor if I have to , but feel at this stage I haven't committed myself and she isn't talking ! So I'm leaving the situation a bit longer

Elegran Fri 16-Mar-18 14:52:14

If you leave it too long you will have her established living there rent free, with all the problems that will bring. Decide what you want to happen - it IS your house! - and make arrangements accordingly.

You want all your children to inherit equally when you die? Then someone with no rent-book and no terms of rental will cause problems for the other two, so you need to settle on a fair rent and have a rent-book which lays down how much rent and how much notice is needed for her to leave (either by her choice or yours) and is signed by both of you whenever rent is paid. It should also state what happens if rent is not paid regularly, just in case your "not getting on" escalates into trouble! I agree that you should see a lawyer and get the agreement drawn up properly.

If she doesn't like having it on an official basis within the family, then she might be better renting from someone else entirely.

jenpax Fri 16-Mar-18 15:19:59

There are several issues here firstly if you have a properly drawn up tenancy with her being an assured short hold tenant she will not have any rights to stay beyond the end of her fixed term which can be renewed as you go along. However be careful if she needs to claim any housing costs (used to be housing benefit) via universal credit as if the tenancy is deemed a non commercial one she may be refused benefit so again vital to make sure this is a proper commercial agreement and she pays the market rent. I would be wary of renting to family if you don’t get on now as any issues with repairs or late rent might cause further rifts! As you say siblings also might resent if it looks like she’s being treated more favourably than them😳my advice would be
1) a full and frank talk with all parties setting out what’s planned and everyone’s rights and responsibilities
2) a proper commercial assured shorthold tenancy which is stuck to
3) consider a managing agent to deal with issues day to day to save out of hours stuff intruding on normal family stuff

Oopsadaisy12 Fri 16-Mar-18 15:27:42

As I said before, you will probably have to pay tax on any rental earnings. But why are you considering this when she won’t even talk to you?? Let the stroppy bat sort herself out.

Spentwidow Fri 16-Mar-18 15:32:03

Thank you, it has all what has been said gone through my mind , so I will make sure everybody understands. It's difficult as the future is unforeseen to me as it is her ! As I'm sure you will all agree. Just wish her dad was here now to lend a voice to this situation .

Oopsadaisy12 Fri 16-Mar-18 15:37:52

Stand firm spent and don’t let her steam roller you into doing anything until you have had proper advice. Although we try we probably aren’t all solicitors and financial experts.
I’m not anyway!