We'd like to remind Forumites to please avoid political debate on the Forum... Read More »
PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
We're aware that some users are experiencing technical issues which the team are working to resolve. See the Community Noticeboard for more info. Thank you for your patience.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
Are we unintentionally making ourselves landlords?
Options

bambooblade
Posts: 2 Newbie
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?
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?
0
Comments
-
Who is responsible for maintenance of the property?0
-
The children, he's a pensioner with limited funds
thanks0 -
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.:footie:Regular savers earn 6% interest (HSBC, First Direct, M&S)
Loans cost 2.9% per year (Nationwide) = FREE money.
0 -
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.:footie:Regular savers earn 6% interest (HSBC, First Direct, M&S)
Loans cost 2.9% per year (Nationwide) = FREE money.
0 -
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.0 -
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.0 -
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 & links0 -
How can there be a Tenancy with no rent?
How can the OP be a Landlord if there is no Tenancy?0 -
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.0 -
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.
Xxx0
This discussion has been closed.
Confirm your email address to Create Threads and Reply

Categories
- All Categories
- 351K Banking & Borrowing
- 253.1K Reduce Debt & Boost Income
- 453.6K Spending & Discounts
- 244K Work, Benefits & Business
- 598.9K Mortgages, Homes & Bills
- 176.9K Life & Family
- 257.3K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.1K Discuss & Feedback
- 37.6K Read-Only Boards