Boyfriend moving into the flat I own - rights?

katieb343

TBagpuss wrote: »

A cohabitation agreement would be better than a tenancy agrement, as he is not a tenant.

In a cohabitation agreement you can explicitly state that he is not going be entitled to any interest in the house, and as making a claim would depend on a joint intention that his contributions would result in his acquiring an interest, it should protect you.

You would need to ensure that you review the agreement periodically and in particualr in the event that he increses his contributions.

Thank you so much I'll sort out a cohabitation agreement instead - didn't even know these existed.

[Deleted User]

Hi,


remember to check your council tax status, you lose you 25% discount.

katieb343

Thanks but I've had tenants renting my second bedroom so never got it anyway!

[Deleted User]

katieb343 wrote: »

Quite frankly our relationship dynamic is none of your business, and wasn't what this post was about. If you don't have any legal advice to give me please don't bother responding.

If the relationship dynamic has nothing to do with your decision then why did you post on the Marriage, Relationships & Families board rather than then Housing, Renting and Selling board?

I have given you legal advice, not that you bothered to say thank you, and FYI you had excluded occupiers aka lodgers living with you previously not tenants....big difference legally between the two.

Gavin83

katieb343 wrote: »

Thank you so much I'll sort out a cohabitation agreement instead - didn't even know these existed.

It's worth noting that this isn't really legally binding, it's only advisory. The only way to be 100% sure he won't be entitled to a portion of your house is to not allow him to contribute towards it.

Morally it's up for debate and I can see both sides of the argument. Personally in his shoes I wouldn't be signing it but he is of course free to do as he wishes.

Mojisola

katieb343 wrote: »

I bought a flat in London in 2016. I have a mortgage. About 10 months after, I met my now-boyfriend. We've lived separately for the last 3 years but he is now moving into my flat next month.

He will be signing a typical tenancy agreement (minus paying me a deposit) and paying rent to me each month. The rent amount will be half of my mortgage plus all bills

My dad is concerned that my boyfriend moving in will mean that if we were to split up, my boyfriend would be able to make a claim on my flat in the future, i.e forcing me to sell and split the money with him.

My understanding is that as he's signing a tenancy agreement and paying rent, my boyfriend wouldn't be able to make any claims in the future. Does anyone know any more about this?

katieb343 wrote: »

We're planning to sell and buy a house in a few years time.

Your Dad is right to be concerned.

As you are planning to buy together in the future, one way of protecting your ownership would be for him to only pay you half the bills but to pay a sum equal to half the mortgage into an account.

If all goes well, he can put the savings towards the new property.

If the relationship fails, he will have the savings to move out at a moment's notice.

hazyjo

katieb343 wrote: »

Thanks but I've had tenants renting my second bedroom so never got it anyway!

Don't mean to be pedantic, but you should really call these 'lodgers'. Tenants have far more rights so please don't go getting yourself into any trouble on any agreements, etc..

BrassicWoman

https://www.savvywoman.co.uk/2011/01/living-together-does-your-partner-have-any-rights-to-your-property-once-you-live-together/

Listen to dad.

unholyangel

OP, get proper legal advice.

It's perfectly acceptable from a legal viewpoint to charge a partner rent. Sure, if you don't have it in writing then they could try and claim they were gaining a interest in the property but they can claim that even if they're not paying you rent.

Comms69

Remember that even with lodgers you still need to do right to rent check.


Why will you be having separate rooms? Surely that's not conducive to a long term relationship. When people move in they already find the dynamic changes a lot.