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Legal Side of Renting to a Family Member (not HB related)
Comments
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Yes we are not employer's though so that it something completely different to what is getting covered here. We are allowing a relative to use the property. We could charge a peppercorn rent but we have chosen not too.
I understand it's a relative and not an employee, but a rent-free tenancy is a rent-free tenancy. As stated, I do not know the definition but it is very unwise to assume you do not fall under it. Did you take legal advice on this specific issue, if so please state that as it will help the OP?Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️0 -
Our solicitor was fully aware of our intentions to allow our daughter to use the property. We have a rent free tenancy on another property which a stepMIL lives in which she has term and conditions attached to the tenancy to protect us and her too. My daughters arrangement is much more informal she would move out tomorrow should the need arise. The other property was a condition laid out in a will.
The OP wanted to know would he have to prove that no rent is being collected on the property and the answer is no.Why pay full price when you may get it YS
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The occupier of the property would be an excluded occcupier and would have none of the rights that come with a tenancy. Any as the owner you would not have any of the responsibilities of a landlord. (shelter's tenancy checker)
If any problems did arise and you wanted them to leave you would only have to give them reasonable notice and it would not need to be in writing, and you would not need a court order.
If you are not getting income from it the tax man would not be involved. You would not have to prove this to any body0
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