Staying in family home till mine is ready

Lucy100

I am looking some advice about my situation please...

I have just sold my current house to my sister and bought my new house. Both completion dates this weekend. My new house needs some work and so I cant move into it for 3-4 months time. Therefore my sister has said i can stay in my current house (hers from this weekend) till my house is ready. Then she will move in after that (she is currently staying with our parents. There is no charge/rent being paid and no other concerns. We live in Scotland.

However, I need some advice about insurance etc please....

1) I currently have the Buildings and Contents insurance in my name for my current house and so I assume the best thing would be to do would be to transfer this to my new property (explaining its going to be unoccupied for 3-4 months). Then take out contents insurance for my items in what will now be my sister's house.
2) Remind my sister to take out her own Buildings insurance on her house. Does she need to have landlords insurance?
3) Although Scotland has a registration process for landlords, the local authority have said there is no need for this when family staying in the house (im also not paying any rent). Does she need to jump through all the other landlord hurdles for me staying there for the next 3-4 months?
4) Is there anything else i need to consider?

Your advice would be great - thank you....

Kynthia

So you aren't paying anything to stay there, not her mortgage or offering anything in lieu of rent? If so then I don't believe you have a tenancy or that she is your landlord (however that's the case for England rather than Scotland) but double check the Scottish Shelter website for their tenancy checker. If that is the case then she doesn't need to worry about any landlord requirements but she should tell her buildings insurer that she isn't living there and family are, so it's unlikely to be landlord's insurance but there might be a premium.

xylophone

In essence you are staying as a guest in your sister's home?

Your sister should insure her property and you should insure yours.

Presumably you will be at your new property from time to time over the next few months and your sister will be calling in on you in her property from time to time to sort out her own concerns.

Naturally you should explain to your insurer that the builders etc will be in for the next few months prior to your moving in and that you will not be living in while this is done.

Your sister can tell her insurers about your arrangement so that they are fully informed.

Lucy100

Yes that is correct - staying as a guest in my sister's house.
So should my sister have a normal Buidlings/Contents insurance or should she have landlords style insurance?

cloo

If you're just staying with her and not paying her anything, then I don't think that makes her a landlord and doesn't require special insurance.

Lucy100

Im not staying with her - she will stay with our parents for a bit longer and i will be staying on my own in her house for the 3-4 months while the work is happening in my new house.

unforeseen

In which case she is your LL and needs to do things such as get gas safety certificates, LL insurance etc.

It matters not that you are not paying. You are a tenant. 9f course there is also the question of whether the mortgage lender is aware and agrees to the house being let

davidmcn

unforeseen wrote: »

In which case she is your LL and needs to do things such as get gas safety certificates, LL insurance etc.

It matters not that you are not paying. You are a tenant.

It doesn't meet the essential requirements for a lease to exist in Scots law so I can't see how the OP qualifies as a tenant.

I suggest sister checks with her insurers whether she is covered if the OP is occupying and sister isn't - it does seem to fall somewhere between owner-occupier and landlords' policies

Kynthia

Lucy100 wrote: »

Yes that is correct - staying as a guest in my sister's house.
So should my sister have a normal Buidlings/Contents insurance or should she have landlords style insurance?

As I said your sister isn't your landlord so it's unlikely she'll need landlord insurance. What she needs is a buildings insurer that is happy that the owner isn't yet living here but a family member is for now. Online won't be goid to get this across so she'll need to ring sone companies and explain.

Davesnave

If your 'new' house isn't occupied and builders are in, your insurers may wish to see the relevant insurance docs the builder should hold to cover them for accidental damage to the property, 3rd party claims etc.

Mine did.

getmore4less

It would be far easier to occupy your own properties for the times needed to meet the insurers requirements probably just a few nights a month.

The rest of the time you can sleep where you want.