Girlfriend moving into owned flat - Legal Implications?

LukieD

Hi,

My girlfriend of nearly 2 years is moving in with me in a couple of months. I have owned my flat for just over a year (on a mortgage.) She will be paying a "rent" contribution to the mortgage/utilities. Are there any legal implications to this?

I have used a lot of my inheritance to be able to afford the flat and I'd hate to think if we ended up splitting up in x years she could claim partial ownership.

Could I get her to sign a tenancy agreement so it is clear the payments are "rent" and not contributions to the mortgage?

Any help appreciated!

Thanks

sirmosh

Some one will have better knowledge on this than me, but I think if she pays bills but nothing towards the mortgage you should be okay.

sammyjammy

She can't really sign a tenancy agreement as she isn't one, she's a lodger. You could get a rent book and record the payments she gives you in that. You need to change your way of thinking, she isn't contributing to the mortgage she is paying rent. She also must not contribute to any fixtures and fittings in the home.

Don't forget to inform Council tax dept and keep all household bills in your name only.

InMyDreams

Are you losing other income by having your girlfriend move in? Ie if you weren't moving your girlfriend in, would you be considering taking in some other lodger? If not, then I would keep things very simple and clear by not charging her any 'rent' at all. By all means split utilities and food (which should see you a bit better off anyway, without having to charge her anything extra). I appreciate that this seems like your girlfriend gets the better deal here, but to be honest, if you are making any profit at all out of her moving in (which you could then use to pay off the mortgage faster) I think it perfectly reasonable that she should get an interest in the house were you to split. If you want to avoid this, then don't profit from her moving in. If, on the other hand, things get more serious (eg marriage/children) then what you do now will become far less relevant anyway.

wannahouse

InMyDreams wrote: »

I appreciate that this seems like your girlfriend gets the better deal here, but to be honest, if you are making any profit at all out of her moving in (which you could then use to pay off the mortgage faster) I think it perfectly reasonable that she should get an interest in the house were you to split.

i don't get your point of view at all!!!

she would have to be paying rent somewhere anyway, so why should it be reasonable she gets an interest in the house if she pays rent to him....try that on anyone else that owns a home you stay in (ie landlord) and see what they think of that idea!!!

InMyDreams

My point is, that I think it's completely different. Assuming she will be staying in a room he wouldn't otherwise be making any money on. (Which is why I asked that, just to clarify). My point was, he's not losing money by having her move in. He's actually making savings if they split food/utilities. That's not the same as a landlord situation who is running a business with the aim of making money. If the OP was not considering taking in any other lodger, then he's not losing money (he would otherwise be making) by having the gf move in. I think to turn the girlfriend moving in into a business proposition is very distasteful. Maybe she should start charging him for 'favours' too.

My point is, you can't think of him as a landlord if the only lodger he would be prepared to take in was a romantically involved partner. That's not what landlords do. That's why it's totally different.

wannahouse

every one should pay their way though, and if they were renting, she'd be paying towards her accomodation without any interest in the property.

LukieD

It's a two bedroom place. If she wasn't moving in then I would probably get someone into the spare room to help reduce the mortgage but the flat isn't big enough for three people. I'm not "making money" by asking her contribute to the costs, and she is perfectly fine with it. She'll be paying significantly less than she currently is in her rented flat and be getting a much nicer place due to the fact that I had such a large deposit.

She's not the sort of person who would try and claim she had an interest in the property should anything happen, but I just don't think you can be too careful these days.

Guest101

InMyDreams wrote: »

Are you losing other income by having your girlfriend move in? Ie if you weren't moving your girlfriend in, would you be considering taking in some other lodger? If not, then I would keep things very simple and clear by not charging her any 'rent' at all. By all means split utilities and food (which should see you a bit better off anyway, without having to charge her anything extra). I appreciate that this seems like your girlfriend gets the better deal here, but to be honest, if you are making any profit at all out of her moving in (which you could then use to pay off the mortgage faster) I think it perfectly reasonable that she should get an interest in the house were you to split. If you want to avoid this, then don't profit from her moving in. If, on the other hand, things get more serious (eg marriage/children) then what you do now will become far less relevant anyway.

No she really couldn't have any tangeble interest in the property. That's like sayign she's rented somewhere and the LL is using her rent to pay the mortgage.

She is not on the obligation of a mortgage, she's not entitled to benefit from it either. It really is that simple/

kaych

I think just because he has an extra room, doesn't mean he has to let anyone (romantically involved or not) live in there rent free by default, it should be his decision to make a profit or not because it is his house afterall. Try saying that to anyone who has a spare room in their home that is not being used, see if they will let others stay there for free, maybe that could solve the housing crisis actually...

InMyDreams wrote: »

My point is, that I think it's completely different. Assuming she will be staying in a room he wouldn't otherwise be making any money on. (Which is why I asked that, just to clarify). My point was, he's not losing money by having her move in. He's actually making savings if they split food/utilities. That's not the same as a landlord situation who is running a business with the aim of making money. If the OP was not considering taking in any other lodger, then he's not losing money (he would otherwise be making) by having the gf move in. I think to turn the girlfriend moving in into a business proposition is very distasteful. Maybe she should start charging him for 'favours' too.

My point is, you can't think of him as a landlord if the only lodger he would be prepared to take in was a romantically involved partner. That's not what landlords do. That's why it's totally different.

CIS

Don't forget to inform Council tax dept and keep all household bills in your name only.

The council tax bill will need to be in both names.