Are we unintentionally making ourselves landlords?

bambooblade

Thanks in advance you helpful peeps………….

My mum died recently without leaving a will. She had a house in her own name and although her partner lived there with her for 15 years under the intestacy rules he doesn’t inherit, her estate gets split between her children and he has specified that he doesn’t want to make a claim on the estate.

We (the children) are all in agreement that he can continue to live in the house as long as he is able (he is in his 70’s and in poor health) and as long as he can pay the utilities which will be transferred into his name. We will not charge him rent.

Are we landlords? And secondly should we have some sort of “tenancy” agreement?

Thrugelmir

Who is responsible for maintenance of the property?

bambooblade

The children, he's a pensioner with limited funds

thanks

HappyMJ

bambooblade wrote: »

Thanks in advance you helpful peeps………….

My mum died recently without leaving a will. She had a house in her own name and although her partner lived there with her for 15 years under the intestacy rules he doesn’t inherit, her estate gets split between her children and he has specified that he doesn’t want to make a claim on the estate.

We (the children) are all in agreement that he can continue to live in the house as long as he is able (he is in his 70’s and in poor health) and as long as he can pay the utilities which will be transferred into his name. We will not charge him rent.

Are we landlords? And secondly should we have some sort of “tenancy” agreement?

You will be just as responsible for the property as any other landlord. So...EPC needed, gas safety certificate needed...etc.

You do not need to take a deposit (avoiding any need to protect it) and you do not need to charge rent if you don't want to but you could arrange for a token amount of rent to be paid to you to cover your variable costs.

I would speak with a solicitor.

HappyMJ

bambooblade wrote: »

The children, he's a pensioner with limited funds

thanks

Pensioner's have plenty of money.

For starters they get £155.60 per week as a minimum and all rent paid on an appropriate sized property. If they don't get that they have too much money to claim means tested benefits and don't have limited funds.

You could in that case charge him the LHA rate for the property and all the rent will be paid by the council.

AdrianC

bambooblade wrote: »

Are we landlords?

Yes.

And secondly should we have some sort of “tenancy” agreement?

Up to you. If you don't, then there are certain implied tenancy terms.

iantojones40

HappyMJ wrote: »

Pensioner's have plenty of money.

For starters they get £155.60 per week as a minimum and all rent paid on an appropriate sized property. If they don't get that they have too much money to claim means tested benefits and don't have limited funds.

You could in that case charge him the LHA rate for the property and all the rent will be paid by the council.

This!
Please don't fall for the poor little old pensioner routine.

G_M

Ignore the comments about ability/inability to pay. Charge what you want or nothing at all.

But yes, you are now responsible for the property, and the tenancy. Is there a mortgage to deal with?

See


* New landlords: advice, information & links

anselld

How can there be a Tenancy with no rent?

How can the OP be a Landlord if there is no Tenancy?

Mojisola

bambooblade wrote: »

My mum died recently without leaving a will. She had a house in her own name and although her partner lived there with her for 15 years under the intestacy rules he doesn’t inherit, her estate gets split between her children and he has specified that he doesn’t want to make a claim on the estate.

We (the children) are all in agreement that he can continue to live in the house as long as he is able (he is in his 70’s and in poor health)

I think it's lovely that you are willing to let your mother's partner continue to live in what has been his home for 15 years. Other families would be looking for advice on how to get him out.

If you don't think he has much income, suggest he gets a benefits review by AgeUK - or offer to put his details in one of the online benefits checkers.

He may be entitled to Pension Credit and Attendance Allowance.

AnnieO1234

It might be better if he did make a claim on the estate as dependant. It could get very messy for deprivation of assets purposes as well as IHT and capital gains.

I would urge you all to consult a solicitor.

My gut feeling is you charge create a trust and charge a peppercorn rent, but the trust would be responsible for all usual landlord's responsibilities. I'm not sure if there is a way to create a lifetime interest trust now (as in post death) but it's worth exploring as you wouldn't then be landlords, things would be ring fenced for IHT/CG/asset deprivation. It may or may not be possible. I would want to speak to a solicitor directly, not just some random firm and someone of I determinate skill, but a proper, bona fide and experienced solicitor in the field of wills and intestacy.


Xxx