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Tenancy agreement - family

Flugelhorn
Flugelhorn Posts: 7,450 Forumite
Part of the Furniture 1,000 Posts Photogenic Name Dropper
edited 30 December 2020 at 2:06PM in House buying, renting & selling
I am buying a flat for my daughter to live in, she won't be paying any rent. mindful that family relationships can go pear shaped I am conscious that we should have some sort of tenancy agreement, has anyone done this and what sort of agreement did you use?

Comments

  • If there's no rent, there's no tenancy.
    Will you have a mortgage? What kind?
    What sort of 'pear shaped' are you concerned about? Clearly not rent arrears! Damage to the property?
    If she's not a tenant, she'll be in occupation under a licence, which you can withdraw at any time.
  • Flugelhorn
    Flugelhorn Posts: 7,450 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Thanks that is helpful, I vaguely remember "licences" from student days, will do some more reading
    There is no mortgage - the "pear shaped" was more if she moved others in or wouldn't move out if (highly unlikely) we needed to sell. 
  • dimbo61
    dimbo61 Posts: 13,727 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
     selective licences are issued by councils to owners of properties in the areas where there are Selective licencing.
    HMO licence is required where 3/5 unrelated people are living in one household IE a 5/6/8 bed student houseshare.
    The type of licence you want is completely different.
  • We lived in a house for a while owned by my Aunt. We paid a small rent to make it official, took on decorating and repairs, and she had a rental agreement drawn up by a local agent. We never anticipated issues (and there weren't any) but it gave us all some clarity around roles and responsibilities. It also meant that once we could afford to pay proper rent (which was only fair) we could do so easily. It was a good way of learning to live in the 'real world' too rather than being totally subsidised, and gave us time to save for a deposit. Your daughter is very lucky!
  • hazyjo
    hazyjo Posts: 15,475 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Ashworks said:
    We lived in a house for a while owned by my Aunt. We paid a small rent to make it official, took on decorating and repairs, and she had a rental agreement drawn up by a local agent. We never anticipated issues (and there weren't any) but it gave us all some clarity around roles and responsibilities. It also meant that once we could afford to pay proper rent (which was only fair) we could do so easily. It was a good way of learning to live in the 'real world' too rather than being totally subsidised, and gave us time to save for a deposit. Your daughter is very lucky!
    Not sure what benefit could come from it making it official. Just means having all landlord responsibilities, and possibly over a year to evict if it came to that.
    2024 wins: *must start comping again!*
  • Ashworks
    Ashworks Posts: 146 Forumite
    Fourth Anniversary 100 Posts
    edited 31 December 2020 at 5:25PM
    hazyjo said:
    Ashworks said:
    We lived in a house for a while owned by my Aunt. We paid a small rent to make it official, took on decorating and repairs, and she had a rental agreement drawn up by a local agent. We never anticipated issues (and there weren't any) but it gave us all some clarity around roles and responsibilities. It also meant that once we could afford to pay proper rent (which was only fair) we could do so easily. It was a good way of learning to live in the 'real world' too rather than being totally subsidised, and gave us time to save for a deposit. Your daughter is very lucky!
    Not sure what benefit could come from it making it official. Just means having all landlord responsibilities, and possibly over a year to evict if it came to that.
    Yes that's true, but it just means everything is clearly laid out at the start so avoids any disagreements further down the line. My Aunt was renting it out before we had it, so it was no more hassle for her, and she was extremely unlikely to need to evict us. It's up to the OP but I was just offering our experience as requested. Better to be clear up front I think, so a license or lease can be useful.
  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 1 January 2021 at 11:44AM
    If you create a tenancy and she pays a peppercorn rent, then you will have to comply with all the legal requirements that being an LL entails. And your daughter will have a right to occupy which can only be ended by a court.
    As long as she is content to have no security of tenure, them there is no point in making her a tenant, as she can be removed at short notice if you wish.
    No free lunch, and no free laptop ;)
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