Joint mortgage, renting a room

Comms69

Tessa37 said:

greatcrested said:

I repeat my earlier advice - separate yourself from this financial connection with her. It is not working. It is fraught with legal issues. It is bound to lead to family dispute and break-up.

She (perhaps understandably) does not want to share with a stranger, so irrespective of whether you can legally put someone else in there, and whether that would be a tenant or lodger, and where their rent would go, you and your sister are going to be at loggerheads.

If she cannot afford to buy you out, then you should both sell. She can then buy a smaller, more affordable property to live in on her own, and you can get your hare to do as you want with.

Sit down with your sister (Covid safely) and discuss this reasonably.

I wish to move out for over a year and property is for sale over a year. Therefore tenancy would be only short let...
I finally moved out based on agreement of renting out the room. Which seems impossible again. 

Tenancy would be until 2022 atleast as it currently stands....

Tessa37

The room would be rent out for short let 3 months through spare room, still current standart. Longer in case of lockdown.

Tessa37

To Comms69

www.homesandproperty.co.uk
can-i-rent-out-my-room-if-ive-bought-with-a-friend-and-want-to-move-in-with-my-boyfriend

Responsibility between me and 3rd party to who I rent out/ my sister and on what conditions would be fair for everyone... that wasn't my question.

I do own more like 50% of the property, which you clearly missed and before we bought the property we verbally agreed that one of us would rent out the room in case one of us would like to move out as we didn't want to live together for ever. 

www.samconveyancing.co.uk -- splitting-up-with-partner-who-must-pay-the-mortgage

I will not react towards anymore of your comments.

Comms69

Tessa37 said:

The room would be rent out for short let 3 months through spare room, still current standart. Longer in case of lockdown.

You cannot evict a tenant until 2022 basically. so that isnt the case if the tenant decides top stay

Comms69

Tessa37 said:

To Comms69

www.homesandproperty.co.uk
can-i-rent-out-my-room-if-ive-bought-with-a-friend-and-want-to-move-in-with-my-boyfriend

Responsibility between me and 3rd party to who I rent out/ my sister and on what conditions would be fair for everyone... that wasn't my question. - You dont get to set the conditions. a tenant can behave as they wish. 

I do own more like 50% of the property, which you clearly missed - no i didn't miss anything... and before we bought the property we verbally agreed that one of us would rent out the room in case one of us would like to move out as we didn't want to live together for ever. - and? 

www.samconveyancing.co.uk -- splitting-up-with-partner-who-must-pay-the-mortgage

I will not react towards anymore of your comments.

Ok, dont. Best of luck. This is a terrible idea

Tessa37

Comms69 said:

Tessa37 said:

To Comms69

www.homesandproperty.co.uk
can-i-rent-out-my-room-if-ive-bought-with-a-friend-and-want-to-move-in-with-my-boyfriend

Responsibility between me and 3rd party to who I rent out/ my sister and on what conditions would be fair for everyone... that wasn't my question. - You dont get to set the conditions. a tenant can behave as they wish. 

I do own more like 50% of the property, which you clearly missed - no i didn't miss anything... and before we bought the property we verbally agreed that one of us would rent out the room in case one of us would like to move out as we didn't want to live together for ever. - and? 

www.samconveyancing.co.uk -- splitting-up-with-partner-who-must-pay-the-mortgage

I will not react towards anymore of your comments.

Ok, dont. Best of luck. This is a terrible idea

There is something like "break clause,"
Yes, I do know the difference between tenant/ lodger. It has never been my question...
Your words: " The default position is that you own it 50/50; and that isnt going to change if one pays more than the other... I owe more like 50%
If you were bothered to read legal advice; it does matter very much if one of the parties start to pay full mortgage. 
Other nonsense that you have to rent out until 2022. You sign contract based on estate agency and owner of the property conditions.
It looks like you have never rent out on your own.
Please just don't confuse people with your nonsense.

Comms69

Tessa37 said:

Comms69 said:

Tessa37 said:

To Comms69

www.homesandproperty.co.uk
can-i-rent-out-my-room-if-ive-bought-with-a-friend-and-want-to-move-in-with-my-boyfriend

Responsibility between me and 3rd party to who I rent out/ my sister and on what conditions would be fair for everyone... that wasn't my question. - You dont get to set the conditions. a tenant can behave as they wish. 

I do own more like 50% of the property, which you clearly missed - no i didn't miss anything... and before we bought the property we verbally agreed that one of us would rent out the room in case one of us would like to move out as we didn't want to live together for ever. - and? 

www.samconveyancing.co.uk -- splitting-up-with-partner-who-must-pay-the-mortgage

I will not react towards anymore of your comments.

Ok, dont. Best of luck. This is a terrible idea

There is something like "break clause,"
I'll make it really simple: 
ONLY A COURT CAN EVICT A TENANT. COURTS ARE NOT EVICTING PEOPLE AT THE MOMENT. 

Yes, I do know the difference between tenant/ lodger. It has never been my question...
Your words: " The default position is that you own it 50/50; and that isnt going to change if one pays more than the other... I owe more like 50% - Not sure what that means. But ok, if you own in unequal amounts, then your tenants in common will show that 
If you were bothered to read legal advice; it does matter very much if one of the parties start to pay full mortgage. - Nope. makes no difference. 
Other nonsense that you have to rent out until 2022. You sign contract based on estate agency and owner of the property conditions. - Nope. The law says otherwise. If the tenant decides, they'll be spending easter 2022 there quite easily. 
It looks like you have never rent out on your own.
Please just don't confuse people with your nonsense.

Not sure how i can make it simpler for you...

[Deleted User]

I think this is one of these threads where the OP just wants everyone to agree with them. 

“If you bothered to read legal advice,” oh burn. What legal advice have you sought that your sister, with whom you jointly own the property with, would be entitled to an larger share of the equity when the property is eventually sold? 

Whilst we’re on the subject of legal advice you might want read up on the Coronavirus Act 2020 before you start talking about 3 month AST and break clauses. 

Tessa37

Comms69 said:

Tessa37 said:

Comms69 said:

Tessa37 said:

To Comms69

www.homesandproperty.co.uk
can-i-rent-out-my-room-if-ive-bought-with-a-friend-and-want-to-move-in-with-my-boyfriend

Responsibility between me and 3rd party to who I rent out/ my sister and on what conditions would be fair for everyone... that wasn't my question. - You dont get to set the conditions. a tenant can behave as they wish. 

I do own more like 50% of the property, which you clearly missed - no i didn't miss anything... and before we bought the property we verbally agreed that one of us would rent out the room in case one of us would like to move out as we didn't want to live together for ever. - and? 

www.samconveyancing.co.uk -- splitting-up-with-partner-who-must-pay-the-mortgage

I will not react towards anymore of your comments.

Ok, dont. Best of luck. This is a terrible idea

There is something like "break clause,"
I'll make it really simple: 
ONLY A COURT CAN EVICT A TENANT. COURTS ARE NOT EVICTING PEOPLE AT THE MOMENT. 

Yes, I do know the difference between tenant/ lodger. It has never been my question...
Your words: " The default position is that you own it 50/50; and that isnt going to change if one pays more than the other... I owe more like 50% - Not sure what that means. But ok, if you own in unequal amounts, then your tenants in common will show that 
If you were bothered to read legal advice; it does matter very much if one of the parties start to pay full mortgage. - Nope. makes no difference. 
Other nonsense that you have to rent out until 2022. You sign contract based on estate agency and owner of the property conditions. - Nope. The law says otherwise. If the tenant decides, they'll be spending easter 2022 there quite easily. 
It looks like you have never rent out on your own.
Please just don't confuse people with your nonsense.

Not sure how i can make it simpler for you...

Of course that share is in writing - tenants in common but I am talking about the link which I was referring to that if one of the parties starts to pay full mortgage... then they are entitled to take more money out of sale; that's the paragraph which I copied. 
First of all, I have never said what I am going/ we will going to do... 
However this has to be sort out quickly in case of another Covid lockdow. 
Our situation is refering to another link which I posted, that we agreed I would move out ( lodger was supposed to move in) which my sister doesn't want to do now.. Although, I already moved out and I made commitments somewhere else

 Based on that link I can rent out my room... 
However the situation is, that somebody needs to pay and it will be either me or my sister.  I either pay my rent in new place + paying my mortgage and additional cost in our joint property where my sister will have 2 bedroom flat for herself untill flat gets sold. Which can take another year or my sister will take responsibility until it's sold or the room will be rent out. 
I am sorry but I didn't get any advice on that... Therefore I don't understand what is this conversation about then. 
I heard I will not lose equity/ although from that article it seems I get less profit from sale as my sister will pay full mortgage and other advice which I got was that I can not rent out the room. Well, I do I think it was helpful not really but thank you for your time. 

Comms69

Tessa37 said:

Comms69 said:

Tessa37 said:

Comms69 said:

Tessa37 said:

To Comms69

www.homesandproperty.co.uk
can-i-rent-out-my-room-if-ive-bought-with-a-friend-and-want-to-move-in-with-my-boyfriend

Responsibility between me and 3rd party to who I rent out/ my sister and on what conditions would be fair for everyone... that wasn't my question. - You dont get to set the conditions. a tenant can behave as they wish. 

I do own more like 50% of the property, which you clearly missed - no i didn't miss anything... and before we bought the property we verbally agreed that one of us would rent out the room in case one of us would like to move out as we didn't want to live together for ever. - and? 

www.samconveyancing.co.uk -- splitting-up-with-partner-who-must-pay-the-mortgage

I will not react towards anymore of your comments.

Ok, dont. Best of luck. This is a terrible idea

There is something like "break clause,"
I'll make it really simple: 
ONLY A COURT CAN EVICT A TENANT. COURTS ARE NOT EVICTING PEOPLE AT THE MOMENT. 

Yes, I do know the difference between tenant/ lodger. It has never been my question...
Your words: " The default position is that you own it 50/50; and that isnt going to change if one pays more than the other... I owe more like 50% - Not sure what that means. But ok, if you own in unequal amounts, then your tenants in common will show that 
If you were bothered to read legal advice; it does matter very much if one of the parties start to pay full mortgage. - Nope. makes no difference. 
Other nonsense that you have to rent out until 2022. You sign contract based on estate agency and owner of the property conditions. - Nope. The law says otherwise. If the tenant decides, they'll be spending easter 2022 there quite easily. 
It looks like you have never rent out on your own.
Please just don't confuse people with your nonsense.

Not sure how i can make it simpler for you...

Of course that share is in writing - tenants in common but I am talking about the link which I was referring to that if one of the parties starts to pay full mortgage... then they are entitled to take more money out of sale; that's the paragraph which I copied. - 'May', they 'may' be entitled. They wont be. 
First of all, I have never said what I am going/ we will going to do... 
However this has to be sort out quickly in case of another Covid lockdow. 
Our situation is refering to another link which I posted, that we agreed I would move out ( lodger was supposed to move in) which my sister doesn't want to do now.. Although, I already moved out and I made commitments somewhere else

 Based on that link I can rent out my room... - No idea. I mean you can sure, but not to a lodger. And if your lease allows, etc. 
However the situation is, that somebody needs to pay and it will be either me or my sister.  I either pay my rent in new place + paying my mortgage and additional cost in our joint property where my sister will have 2 bedroom flat for herself untill flat gets sold. Which can take another year or my sister will take responsibility until it's sold or the room will be rent out. - Yes, those are generally the two plausible scenarios. 
I am sorry but I didn't get any advice on that... Therefore I don't understand what is this conversation about then. 
I heard I will not lose equity/ although from that article it seems I get less profit from sale as my sister will pay full mortgage and other advice which I got was that I can not rent out the room. Well, I do I think it was helpful not really but thank you for your time. 

I cant really understand your last paragraph. But i'll again try to be clear. Regardless of if your sister pay more or not, it wont affect your equity. And realistically the only way it would is if she claimed more of it; and if she did that, then your relationship has broken down to such a degree that the courts and fees would be in the tens of thousands of pounds.