Free rent instead of Child Support

Savvy_Sue

Guest101 wrote: »

This is the bit I don't understand.

I've rented many times and none of my landlords have ever been 'involved' in my life.

The ex would have full tenants rights, which includes quiet enjoyment. She can refuse him entry full stop.

All of those are true. But here's what I said earlier:

Savvy_Sue wrote: »

Obviously I don't know how amicable you and the STBX are, and it's to your credit that you're considering this, but I said it had a number of ways it could go pear-shaped, and I do wonder if you've thought about any of them.

If I was separating, I'm not sure I'd want to live so close to my ex, and I definitely wouldn't want to be indebted to him for my accommodation. I can see that from your son's pov, it's a good arrangement, and you need to be in touch with each other, BUT it does mean that you're each going to know about the other's life and movements whether you want to or not.

You're going to be in and out doing maintenance and repairs. Lovely, until she doesn't WANT you in and out doing maintenance and repairs. Lovely, until she gets a new man who doesn't WANT you in and out. Lovely, until you find a new lady who doesn't WANT you in and out of your ex's house.

And you still have to act as a landlord, which means you do not have the right to come and go as you please: your tenant has the right to quiet enjoyment, and you have to make an appointment if you want to inspect the property or carry out repairs.

And so on ...

Obviously something's gone wrong in the OP's relationship with his ex, or they wouldn't be separating. Whatever that something is, it's going to make it more difficult to establish and maintain a 'professional' landlord / tenant relationship, IMO.

I guess it's like sleeping with the boss / a colleague. If that relationship goes pear-shaped, best one of you moves on.

Still, it's up to the OP and his ex to decide what to do ...

BigAunty

The objections are mainly in the area of risk - risky investment (a buy to let property that might not make any money?!), risks that come from mixing a personal and business relationship that blows up when there is an issue in either sphere, risks from putting a low income tenant into a property who has no obligation to pay rent and cannot secure HB on it.

I presume that it is the other 'risk' that's been flagged up that is being muddled with 'morals', namely that the buy to let property may not be for purely altruistic reasons but more about control of where the ex can live, making her dependent on him for a roof over her head, ensuring that the disposable cash element of child maintenance is removed from her so she has no choice in how to spend it.

The latter I saw with my brother who wanted to buy goods and services directly for his son rather than paying a monthly sum for child support in cash. For some reason, he decided he couldn't trust his ex and seemed to overlook that his money would go towards things like heating the house, buying food and shoes for the child, even if it wasn't expressly put into a separate pot for the purpose and accounted for on a pound for pound basis. Very nasty views held by my brother on why his ex ought to not have any freedom over the miserly sum he paid towards his child.

nimbo

For me the house ownership seems to be problematic.

If there was a mortgage would it be but to let to not? Legalities to this - as there would be no 'rent per se'

What are the tax implications? For him. What are the benefits implications for her? Is she even on board with this idea?

What happens of there is a clause about extra tenants and the ex finds another man / woman she wishes to move in? How does this work when the 'landlord' is popping round to fix the gutters. How does redecorating work - does he get free reign to write a letter to his ex giving 24 hours notice that he will be letting himself in?

What happens if the boiler breaks for a week to two while a part is being sourced form Outer Mongolia - will she not allow landlord to see their child? If he needs to offer other accommodation - will it be his sofa - does she have substandard tenants rights as she is mother to their child? Will he be responsible for the let - or will he employ agents - costing him money. And yes there would have to be some kind of tenancy agreement in place - but I've called my landlords and exes some right names - and wouldnt wish to do this about the father of my children as the two sets of names don't overlap much.

Personally I cannot imagine anything worse then renting from an ex. The fear factor of them letting themselves in while I'm 'entertaining' a new fella? Or even the weird feeling I'm 'entertaining' a new fella in their house? Just not right.