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Family member living in my flat - the rules?
Comments
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moneyistooshorttomention wrote: »I would interpret mortgage condition of "only OR main home" as meaning =
- Well its not my MAIN home (ie as I'm living with my partner)
BUT
- It IS my ONLY home (ie as partners home is THEIR home).
But the OP says they've moving into their partner's house - so that is now their main home.
I agree things are simpler (from the mortgage point of view) if they simply spend a lot of time at their partner's house rather than move - whether or not it's your main home isn't determined purely by the number of nights you stay there.0 -
Firstly, read your mortgage conditions. You will probably find they contain something along the lines of(an example from Halifax's mortgage conditions) - so you'd need their consent even if it isn't a letting, and it usually makes things easier if it is a "normal" letting.
Also, this bit doesn't make sense to me:
Are you moving out or not? In fact, have you ever even moved in to your flat? You should be on the electoral roll at the place where you live, it has nothing to do with ownership.
Maybe she's claiming some sort of benefit. I see no reason why he should be on the register at the place he lives. Wonder where his post will go.
Why not just buy the flat and rent to get some income.Student nurse 2018 to 2020
Debt: DMP (with Payplan) £8194 - 6.6 years left0 -
Whether the flat is his only or main home is a matter of interpretation.
If it came to a legal challange, the court would look at all the circumstances and make a decision.
From the limited information provided, it appears that the OP plans to live with his girlfriend ("We recently decided that I will move into her house ") which would give credence to the theory that the flat is not his home.
Indeed, he bought the flat not as a home but " to protect myself financially and stay on the property ladder I have bought a flat down the road.".
The other actions, (occassional nights, electoral register, utilities in his name etc) appear to be an attempt to swing the balance of probobility into his favour in claiming the property is his home.
A court might be persuaded by this. Or not.
There are clear implications on
* breach of mortgage terms
* tenancy law
* Capital Gains Tax
etc
Personally, I would advise not taking this gamble, but would put the son on a proper tenancy, partly for the son's sake (at 23 he should be taking responsibility for himself and leaning the realities of life), and partly to keep the whole arrangement clearly on the right side of the various laws.
* charge a rent (by all means below market rate if you wish)
* get a BTL mortgage
* declare the income
* comply with the tenancy laws
But of course it's up to the OP - it's not a black/white situation.
* New landlords: advice, information & links0 -
I see no issue with this. There was a thread not long ago about someone having a family member live rent free & it didn't require BTL.
It's not being let out so why should you need a BTL? It's not even rent-a-room level as you charge £0. It's basically like the son is staying at home while the dad travels a lot for work...presumably people don't apply for BTLs in that case either.
* breach of mortgage terms - having family in a property you regularly visit is a breach?
* tenancy law - what tenant? He's basically house watching/living there like a normal adult son...except unlike that girl who posted recently he's not charged some ridiculous £450pm. He could chuck out the son's stuff suddenly and still not break any tenancy law. No proof of rent, no utilities in his name...didn't you just illegally evict me from your place also G_M?! No proof but still...
* Capital Gains Tax - on his one and only property? He receives no gain from his gf's house so supposedly shouldn't be penalised on his only property?Mortgage (Nov 15): £79,950 | Mortgage (May 19): £71,754 | Mortgage (Sep 22): £0
Cashback sites: £900 | £30k in 2016: £30,300 (101%)0 -
My partner has a 23 year old son who currently lives at her house.
Our plan was for him to move into my flat.* breach of mortgage terms - having family in a property you regularly visit is a breach?
* tenancy law - what tenant? He's basically house watching/living there like a normal adult son
He isn't related to this young man.0 -
He is related to this man.
Its his partners son.
His partner is his unofficial wife. Therefore her son is his unofficial stepson.
People these days see a long-term living together relationship as a "marriage" to all intents and purposes.0 -
I see no issue with this. There was a thread not long ago about someone having a family member live rent free & it didn't require BTL.
It's not being let out so why should you need a BTL? It's not even rent-a-room level as you charge £0. It's basically like the son is staying at home while the dad travels a lot for work...presumably people don't apply for BTLs in that case either.
It's not even rent a room because this person is not a lodger. This property will not be the OP's only or main home. The property he shares with her partner is his main home.* breach of mortgage terms - having family in a property you regularly visit is a breach?
Whilst a BTL mortgage may not be required because the property is not being let it could well be against the terms of his residential mortgage not to use the property as his main home. Staying there once in a while is just a poor attempt to circumvent this. Have a read at your own mortgage T&C.* tenancy law - what tenant? He's basically house watching/living there like a normal adult son...except unlike that girl who posted recently he's not charged some ridiculous £450pm. He could chuck out the son's stuff suddenly and still not break any tenancy law. No proof of rent, no utilities in his name...didn't you just illegally evict me from your place also G_M?! No proof but still...
No he won't be a tenant just a !!!!!!!!!! or someone pushed out the home he shared with his mother so that Uncle Bop 123 can get it one with his mother without being disturbed.
At 23 he should be able to stand on his own two feet anyway.* Capital Gains Tax - on his one and only property? He receives no gain from his gf's house so supposedly shouldn't be penalised on his only property?
The fact this will be the only property the OP owns has nothing to do with CGT. It will not be the OP's only or main home and therefore will be liable for CGT when it is sold.0 -
moneyistooshorttomention wrote: »He is related to this man.
Its his partners son.
His partner is his unofficial wife. Therefore her son is his unofficial stepson.
People these days see a long-term living together relationship as a "marriage" to all intents and purposes.
There's no such things as an "unofficial" wife or even a "common law" wife. Living together for a long time doesn't grant those couples the same rights and legal protection as a married couple or civil partnership. Besides the OP is just about to shack up with his partner so they haven't been living together for a long time.0 -
There's no such things as an "unofficial" wife or even a "common law" wife. Living together for a long time doesn't grant those couples the same rights and legal protection as a married couple or civil partnership. Besides the OP is just about to shack up with his partner so they haven't been living together for a long time.
Agreed. The only way to get those rights is to get married.
If I were to die...bless...without a will then my partner who I consider to be very close to me and who according to the DWP I am living with as husband and wife but I am not yet married to technically gets nothing. She does get something and that's the liability to pay rent on the joint tenancy we have.:footie:
Regular savers earn 6% interest (HSBC, First Direct, M&S) Loans cost 2.9% per year (Nationwide) = FREE money. 0 -
Firstly, read your mortgage conditions. You will probably find they contain something along the lines of(an example from Halifax's mortgage conditions) - so you'd need their consent even if it isn't a letting, and it usually makes things easier if it is a "normal" letting.
Also, this bit doesn't make sense to me:
Are you moving out or not? In fact, have you ever even moved in to your flat? You should be on the electoral roll at the place where you live, it has nothing to do with ownership.
Where you sleep has very little bearing on where your home is.
As long as the OP is named on the bills, (including council tax), and has that address registered as where their official post would go (e.g. driving licence registered there) and has a habitable room there (i.e. it's a 2 bedroom), how the OP spends their private time is not the business of anyone else.0
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