Query about changing mind about renting house out

Carrera74

I wonder if you could help?

To cut a very long story short my Mum has inherited my Grandads house. She's struggling to accept his death and has only just started emptying the contents. He died a few years ago and she still goes round every week for a brew like she did when he was alive. It's all quiet sad

My Uncle who rents properties out for a living has advised her to rent the house out to someone she has never met and for a low monthly rent as the house needs renovating. The tenant is 'willing' to live in the house and do it up and the rent he pays will cover the work. So in theory if he puts new floor down one month he doesn't have to pay rent.

It all sounds fishy to me and I told my Mum this and she got very upset and said she feels that she is being pushed into doing something that she doesn't understand and isn't sure that it's what she wants to do. I told her if she is uncertain then to say no it's not going to go ahead.

I have contacted my uncle and told him that my Mum is no fit state of mind to do this at the moment and that she feels guilty that she has decided to say no but she doesn't want to go ahead and he tells me that the guy who he has told can move in tomorrow (!) has paid him rent and a bond and they have a verbal agreement. I'm not sure where my Mum stands with all this. My Mum hasn't seen any money, there isn't a tenancy agreement in place although my Mum had said she wanted something in writing before agreeing to anything but nothing has materialised. She hasn't handed any keys over but she has met the tenant once and showed him around the house with my Uncle.

My Mum hasn't been the same since my Grandad died. She's obviously not wanting to let go of the house and it seems my Uncle has pressurised her into this.

Is my Mum allowed to say no? Or does she have to go through with this now?

noh

Who owns the house?

Carrera74

My Grandad left it to my Mum. He hadn't spoken to my Uncle for years and my Uncle hadn't spoken to my Mum until my Grandad passed which makes me even more suspicious!

noh

As it is her house it is entirely up to her.
She has no agreement with the potential tenant so she is not obliged to go ahead with the plan.

BitterAndTwisted

If your Mum hasn't formally agreed to the let then it can't and shouldn't go ahead. That your uncle has decided for himself to take a deposit etcetera is not your Mum's concern. In your Mum's position I'd get round to the property and change the barrels of the locks to prevent anyone gaining unauthorised access. This is quite cheap and simple to do, you don't have to change the whole lock mechanism. Depending on what type of locks they are, new barrels can be bought for around a fiver from a hardware shop or B&Q and can be replaced with a screwdriver in around five minutes or so depending on how handy you are.

Please don't let your Mum be bullied onto a situation she's not comfortable with!

HAMISH_MCTAVISH

Carrera74 wrote: »

there isn't a tenancy agreement in place although my Mum had said she wanted something in writing before agreeing to anything but nothing has materialised. She hasn't handed any keys over

This is the key bit.

Assuming the house is owned 100% by your mother, then your uncle has not met the conditions they had agreed to. He would therefore be liable for any of his actions, not your mother. It gets more complicated if he legally owns half the house.

But to be clear, UNDER NO CIRCUMSTANCES should you allow a tenant to move in without an AST in place, as it could become very, very difficult to get them out.

And you CANNOT legally rent the house without the basic safety checks having been done by a competent professional. (electrical safety certificate, gas safety check, etc)

This "deal" sounds like it has the potential to go very badly pear shaped....

What if the "tenant" ruins the house? What if the work is shoddy or sub-standard? What scope of works has been agreed? To what specifications? Who is providing the materials? Are they safe, legal and compliant? Will any works involving electrical or gas be done by a registered and qualified professional?

I think you've done the right thing to stop this, and you should stand your ground, at the very least until you've had everything set up properly through a solicitor.

Carrera74

Thanks everyone. I was very wary when she told me of the plan for this tenant to do the house up. My Uncle has made it sound very attractive - that the house will be looked after and tidied up for her too. When I rang my Uncle all he kept saying was how it would make him look and where is this guy going to live. My Mum feels really guilty and was worried about any repercussions although I spoke to her earlier and she said she feels like a weight has been lifted now she has said no.

Thanks again for your comments!

poppysarah

Speak to her about seeing a grief counsellor.

Tell her not to rush into any decision. Renting out will push legal obligations on to your mum and she sounds like she needs a bit of help at the moment.

Ask the uncle to leave her alone for a while.

DVardysShadow

Carrera74 wrote: »

Thanks everyone. I was very wary when she told me of the plan for this tenant to do the house up. My Uncle has made it sound very attractive - that the house will be looked after and tidied up for her too. When I rang my Uncle all he kept saying was how it would make him look and where is this guy going to live. My Mum feels really guilty and was worried about any repercussions although I spoke to her earlier and she said she feels like a weight has been lifted now she has said no.

Thanks again for your comments!

It will make your uncle look like a right plonker.

I don't think your Mum should take a chance with a tenant arranged by a plonker to save him from looking the right plonker he is.

BitterAndTwisted

If this uncle does rent out properties for a living he should be aware that he needed to have a formal agreement in place with your mother in order to act as her agent in this transaction. That he has chosen not to do that and appears to have acted as if he did suggests that he doesn't really know what he is doing.

Your mother would be well-advised to have nothing to do with this uncle and his flaky business practices. Ever. Or it will all end in tears of a potentially very expensive kind indeed.

clutton_2

As a LL of 11 years, please advise mum that she has done the right thing. If she is to keep the house and wants to let it out, she should use a Letting Agent who is a member of ARLA and they will give her all the correct legal advice and get all the correct paperwork in place and will look after things for her.. when [EMAIL="S@HE"]SHE[/EMAIL] is ready to rent.. not when uncle says she is....