Asking rent from a family member

Golemsgirlfriend

My mother and I own a house, my brother has lived in the house rent free for the past 20 odd years. I live away with my wife and have recently taken early retirement on medical grounds. Can I now ask rent for my half of the house from my brother?

BitterAndTwisted

Of course you can. No-one in their right mind would think that it's fair to live rent-free for twenty years. Is he making no contribution towards the utility bills or repairs and maintenance? However, the risk is that he makes alternative arrangements and moves out. Would that suit you and your mother?

KateBob

Does your mother live there too.

It's possible your brother considers his living with your mother and taking care of her as she grows older has a reasonable contribution.

Not saying it is just offering a suggestion.

Golemsgirlfriend

my mother lives in the house and says that my brother is entitled to live there rent free as her guest. He contributes towards living costs and her half of the mortgage but not mine.

InkZ

How much does he pay her?

Take a look on spareroom.co.uk in your area and see what a room is worth, add family discount and see if he's paying enough already.

I charged my sister £250 a month when she lived with me (no food), which was more a contribution than rent.

Doesn't sound like he's living rent free from what you are saying, just that the money is all going to your mum?

You also have to ask yourself whether its worth the possible hassle in the family and the age of your brother would also be a factor. ie, if he's 40 then I would expect him to be paying full whack, if he's 20 then I wouldn't.

RogerBabyspoon

If your not living at the house and he still is would selling him your half of the house be an option? Perhaps not an ideal situation but if you need the money and he is able to get a morgage then it could be one solution.

I don't think it would be unreasonable to ask both your mother and brother to give you money to cover the interest you are paying on the morgage. They may not want to cover repayment but at least make it so you're not losing money, that seems very unfair.

dopester

Golemsgirlfriend wrote: »

My mother and I own a house, my brother has lived in the house rent free for the past 20 odd years. I live away with my wife and have recently taken early retirement on medical grounds. Can I now ask rent for my half of the house from my brother?

Golemsgirlfriend wrote: »

my mother lives in the house and says that my brother is entitled to live there rent free as her guest. He contributes towards living costs and her half of the mortgage but not mine.

How did you come to own half of your Mum's house? Or rather, how did you come to have half a mortgage on it with her?

I'm just wondering where your brother was in terms of his interests in this deal, with the implication it was 20 years or more ago, and still mortgage on it, for your Mum and yourself. Or was equity released at some point? You didn't acquire half of it on the cheap did you?

McKneff

You should be getting rent from your mother and your brother,

They should be paying rent to you for your half of the house.

Radiantsoul

Golemsgirlfriend wrote: »

my mother lives in the house and says that my brother is entitled to live there rent free as her guest. He contributes towards living costs and her half of the mortgage but not mine.

I guess she might be offended if you ask him for money then. Presumably if she is happy with the arrangement there is not much you can apart from go to court to force a sale.

So I guess the real question is how can you persuade your mother that your brother ought to pay rent!

Catblue

McKneff wrote: »

You should be getting rent from your mother and your brother,

They should be paying rent to you for your half of the house.

Only if that was part of the original deal. If the OP purchased the house jointly with his mother solely as part of a long-term investment in the housing market then he can hardly change the deal unilaterally now.

Maybe the OP will stand to inherit all of the house when his mum passes away and that was the basis for the deal in the first place.

Maybe it was a Right to Buy deal and the OP agreed to buy it cheaply with his mum in the first place on the understanding that he would only cash in on his half when his mum decided to sell.

Who knows - the OP has not stated how the situation came about in the first place.