Can I charge rent… Complex Situation

AshMan123

Morning All

Long term reader first time poster bit of a complex situation wondered if could get some input

Brought a house with the ex November 2011 split from her September 2015.After several false promises about her buying me out etc I am seeking legal advice regarding this however that is not my issue. The ex’s daughter receantly moved back into the property and is working full time.

The issue is as the house is half mine in terms of deeds of the mortgage am I entitled should I wish to charge the ex’s daughter rent as surely technically she is a lodger in a property that I ( well the bank own)?

Many thanks in advance

need_an_answer

Are you intending this to be a formal thing ie setting up a tenancy or are you referring to something a little less structured?

is the daughter willing to have an agreement regarding a rental contract?
is your ex of the same mindset as you regarding payment for occupation or not?

AshMan123

The ex lives in the property so I!!!8217;m guessing the ex!!!8217;s daughter would be classed as a lodger so from what I understand no formal agreement needs drawing up?

Obviously I would register as self employed and pay tax / National insuarance in any income.

For me it!!!8217;s more about the principle of me owning half a property and someone else living there and me not getting a penny for it.

You wouldn!!!8217;t let me live in your house rent free would you?

Marvel1

Maybe easier to sell.

Or worse case scenrio move in.

need_an_answer

AshMan123 wrote: »

You wouldn!!!8217;t let me live in your house rent free would you?

Sorry I'm not questioning your decision simply trying to get a little more information or background so that you can be given the correct advice going forward.

There is a lot more to being a LL than simply registering as self employed and paying tax on the income,but I am sure you will look into that further if you decide to proceed.

Thrugelmir

AshMan123 wrote: »

For me it!!!8217;s more about the principle of me owning half a property and someone else living there and me not getting a penny for it.

Your ex can invite who she wants to live in the house with her. None of your business.

AshMan123

I!!!8217;m in the process of contacting legal advice but as we have two children under the age of 18 it could be a long and drawn out process.ex has already stated she doesn!!!8217;t wish to sell and has promised on multiple occasions to buy me out but nothing has been forthcoming hence the legal route.

As for moving back I not a hope in.....

Besides there!!!8217;s 5 people living in what essentially a 3 bedroom house it would be like moving in with the waltons

AshMan123

Apologies for the apostrophes didn!!!8217;t play them think it!!!8217;s a big with the forum where if you post a comma it puts random bits of text in there?

Any advice most welcome

AshMan123

Thrugelmir wrote: »

Your ex can invite who she wants to live in the house with her. None of your business.

Agreed but as I own half the property can I ask for rent to be paid and what can be done if it’s refused

HampshireH

No I wouldnt let you live in my house rent free. But you arent my flesh and blood.

But if the roles were reversed and your ex came to you asking your daughter who you moved back in with you (for whatever reason) to pay her rent I am sure you would feel a bit aggrieved.

She could have moved back for many reasons. From a legal point of view I can see you have the right. From a parenting point of view a mother or father should be entitled to support their child even if that means putting a roof over her head should she choose. Its costing you nothing as long as she is still paying her half of the expenses.

Its not like she is renting the room out to a stranger and benefiting from it

You sound really bitter. You could have stayed living there had you chosen to.

Red-Squirrel_2

AshMan123 wrote: »

Agreed but as I own half the property can I ask for rent to be paid and what can be done if it!!!8217;s refused

No. She owns half the property too and she has every right to let her family stay there for free. You would too if the situation was reversed.

Focus on getting the house sold, drop the rent idea.