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Rights to property void if in care trust?

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  • securityguy
    securityguy Posts: 2,464 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Who would have stopped them renting it out?

    I suspect, but don't know, that if you needed to evict a tenant who wasn't paying the rent it would be very difficult if you (a) didn't own the property and (b) had no right to operate it. The court would simply ask you what standing you have: are you the owner? Are you the owner's agent? You would effectively be renting out a squatted property. The smart tenant would squat the property, because there's no-one who can actually evict them.

    That aside, I also wouldn't fancy my situation as a landlord with no valid buildings insurance, because if my tenant tripped over a loose slab on the drive and sued me, I would have no third party protection. Then there's how I obtain a valid gas safety certificate, how I handle membership of the deposit guarantee scheme...
  • BobQ
    BobQ Posts: 11,181 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper Combo Breaker
    But that would make the trust a pointless exercise as the care fees would be a debt against the estate.

    True. But it is not clear what the situation is. Was the trust to protect the house if the GM needed care or the Mother needed care. Not even clear if care was actually provided.
    Few people are capable of expressing with equanimity opinions which differ from the prejudices of their social environment. Most people are incapable of forming such opinions.
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