50/50 Co-owner Siblings , one paying rent to live in property - rental contract required?

Blindalley

Hi , while some contract is desirable can either sibling 'force' a formal contract( the tennant is BOTH Landlord and Tenant ) ? If so as co-owner and tenant can they request 'standard' market conditions ie Gas certificate, Electrical Safety, rules on visits and access? - that Property is brought up to better standards?

SDLT_Geek

Is this the inherited property you asked about before? Sale of Inherited property - requires BOTH co-owners to aggree otherwise court order required to 'fo — MoneySavingExpert Forum

xylophone

You may find this of interest.

https://www.lawteacher.net/lectures/land-law/co-ownership/joint-tenancy-v-tenancy-in-common/#:~:text=Between the tenants in common,sole occupation of the land.

Liability of occupation rent

Between the tenants in common, it is usually the case that no one tenant in common can require the other tenant(s) in common to pay rent, even where one of the tenants in common effectively enjoys sole occupation of the land. In this case of sole occupancy, what occurs is not an abrogation of the right to possession on the part of the tenant in common who is not in occupation. Their non-occupation is a matter of voluntary choice, and does not give rise to a relationship of landlord and tenant (Henderson v Eason(1851) 17 QB 701). This is relevant to the notion of trustees of land having the power to exclude some (but not all) of the beneficial co-owners from occupation where the trust instrument grants the power (TOLATA 1996, s.13(1)). Where a tenant in common is so excluded, the trustee can require the payment of ‘compensation’ to any beneficiary whose enjoyment of the land has been precluded or restricted (TOLATA 1996, s.13(6)(a)).