Are we unintentionally making ourselves landlords?

moneyistooshorttomention

I tend to agree with Mojisola there - and am guessing you are doing what your mother would want (which is a form of respecting her wishes after all).

The thing that strikes me is your comment about him being in his 70s and poor health. I am wondering what would happen to the house if he becomes too ill to be able to continue living in it.

Have you made provision for this possible contingency?

As its your mothers house (and not his) and has now become yours. But I am wondering whether the State would expect you to sell your house and put the money towards his care - even though he is a stranger to you iyswim (and not your relative).

As its not his house and he isnt anything to do with you - then I would imagine the money tied-up in the house is safe from this risk. But I would want to check for sure personally in your position - ie that they wouldnt try treating him like it was his house and/or he was your relative iyswim.

Whether a tenancy agreement is necessary per se or no - it would probably be wise to have one - in order to be able to make it plain to the DWP if it came to it that he is a tenant.

Mojisola

moneyistooshorttomention wrote: »

But I am wondering whether the State would expect you to sell your house and put the money towards his care - even though he is a stranger to you iyswim (and not your relative).

As its not his house and he isnt anything to do with you - then I would imagine the money tied-up in the house is safe from this risk.

The value of the house would not be taken into account if he was assessed for care costs - only his income and capital would be counted.

Mossfarr

Its good that you are all willing to let him remain in the house but you need to think a bit more long term. He may be in poor health but what if he lives for another 20 years - are you willing to wait that long?
What will happen as he gets more infirm and less able to manage? Who will be taking responsibility for him if he develops dementia or is physically unable to look after himself ? It may even become unsafe for him to live there alone.
As a tenant he does not have to let you enter the property so you would not be able to make sure he is managing.
It may seem cruel but often the best solution is to find a good sheltered housing flat for him. He will have the security of a warden in attendance and have company of the other residents around him.

moneyistooshorttomention

Mossfarr wrote: »

Its good that you are all willing to let him remain in the house but you need to think a bit more long term. He may be in poor health but what if he lives for another 20 years - are you willing to wait that long?
What will happen as he gets more infirm and less able to manage? Who will be taking responsibility for him if he develops dementia or is physically unable to look after himself ? It may even become unsafe for him to live there alone.
As a tenant he does not have to let you enter the property so you would not be able to make sure he is managing.
It may seem cruel but often the best solution is to find a good sheltered housing flat for him. He will have the security of a warden in attendance and have company of the other residents around him.

Which are the sort of points I am thinking of...

I wonder whether there is a lateral thinking way of looking at this. Now, presumably, you have all come to the conclusion that your mothers wish would be for her former partner to have secure/decent housing for the rest of his life? You are probably correct in that assumption.

It may not be necessary for him to have this particular bit of accommodation (ie your mothers house) in order to fulfil that criteria. As long as he has some form of secure/decent housing - and possibly sheltered housing would meet that criteria? Of course - we have no idea whether your mothers house is a particularly nice one and he has developed an emotional attachement to it?

Assuming he hasnt developed an attachment and isnt that concerned as to where he lives - as long as its decent and secure. Then, in that case, the lateral thinking would be to let your mothers house to tenants at a market rent and then use that rent to cover the cost of him renting a sheltered housing unit elsewhere. I say this because I doubt your mother would want her former partner to have to find money to pay rent - when he isnt having to do so at present (and hence it would need to be paid for him).

I dont know how the figures would stack up on that? Might be worth getting the calculator out and checking..