buying a property outright for my mum to live in

xylophone

Would the OP not be best advised to consult a solicitor  expert in  property and tenancy law in Scotland?

[Deleted User]

xylophone said:

Would the OP not be best advised to consult a solicitor  expert in  property and tenancy law in Scotland?

Why not just advise every poster on here asking about property and and tenancy law in whichever legal jurisdiction they live in to consult a solicitor?

filthyrichiwish

Hey everyone thanks for all the comments. I've considered consulting a solicitor and will if necessary but wanted to try and sort this myself. 
I have done some research into the Scottish laws and know you have to register as a landlord but as its family and a minimal rent you can be excluded from this. I know that there is no longer a term agreed for the length of a tenancy agreement ie 6 month tenancy then renewal as they've changed the laws in the last couple of years. This is part of the reason i looked at Liferent as then her name can be the only one on it and it cant be transfered to someone of her choice unless i agree to it. I'll have to look into the idea if there are no rent payments at all then there are no rights to legally stay for either my mum or a partner/lodger, I cant see this being the case but of course i may be wrong! I am concerned about the tax side of things as could do without the hassle, been stung already with second house tax but want some sort of contract in place to cover myself? 
Maybe i could just set up my own tenancy agreement and tailor it but maybe thats against the law?? 

davidmcn

There needs to be some sort of obligation to pay rent for it to be a lease, though it can just be a notional amount which you don't actually collect. You can draft your own tenancy agreement if you want as long as it doesn't conflict with the minimum statutory requirements - the government has a page here which enables you to tailor their suggested model tenancy agreement.

xylophone

Why not just advise every poster on here asking about property and and tenancy law in whichever legal jurisdiction they live in to consult a solicitor?

Ultimately, is consulting the insured expert not the wisest course when you are making decisions involving large sums and legal responsibility?

zagubov

xylophone said:

Why not just advise every poster on here asking about property and and tenancy law in whichever legal jurisdiction they live in to consult a solicitor?

Ultimately, is consulting the insured expert not the wisest course when you are making decisions involving large sums and legal responsibility?

I'd go along with that; the OP's requirements do seem to be very specific and we're not financial advisors with the right amount of knowledge  of Scottish law.  
I think it's time to consult a solicitor to make sure any contract is watertight.

Comms69

xylophone said:

Why not just advise every poster on here asking about property and and tenancy law in whichever legal jurisdiction they live in to consult a solicitor?

Ultimately, is consulting the insured expert not the wisest course when you are making decisions involving large sums and legal responsibility?

It is, but that's the answer to every question ultimately.

filthyrichiwish

Thanks @davidmcn that’s the perfect link I needed (hadn’t come across that one) and on the Scottish government site, I’ll take a good look at it and then if necessary I’ll seek advice from a solicitor 👍🏻