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Grown up children are exclusive occupants of husband's house rent free

2

Comments

  • Shookup
    Shookup Posts: 37 Forumite
    10 Posts First Anniversary
    edited 12 September 2021 at 3:22PM
    By exclusive occupiers I mean that they are the only people living in the house:  The grown up children and one of their partners.  My husband will not be living there but he owns the house.
  • user1977
    user1977 Posts: 17,973 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    Shookup said:
    we weren't sure what to do about council tax
    The residents are responsible for council tax.
  • I can't find house insurance for licensed occupiers, other than for people in the armed forces who are living in government property

  • lincroft1710
    lincroft1710 Posts: 18,952 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Slithery said:
    Your husband is now a landlord, his children are his tenants, with tenant's rights. The fact no rent is passing is immaterial.
    I thought that for a legal contract to be formed there had to be some sort of payment - hence why peppercorn rent is so common even if it is never claimed. Surely the children are just licensed occupiers if no consideration is changing hands?
    I think a proper licence has to actually be granted by the owner before the occupiers can be called licensed occupiers
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • user1977
    user1977 Posts: 17,973 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    Shookup said:
    I can't find house insurance for licensed occupiers, other than for people in the armed forces who are living in government property

    Like I said above, LV= will cover the "second home occupied by family" scenario.
  • Shookup
    Shookup Posts: 37 Forumite
    10 Posts First Anniversary
    edited 12 September 2021 at 3:57PM
    I tried filling out the LV quote and I think because of the partner being there as well, it required a tenancy agreement to be in place.  I guess we are then going down the route of whether the boyfriend can be classed as 'family'?
  • An excluded occupier is someone  .... excluded from protection under the Protection from Eviction Act 1977...

    See examples here...
    https://england.shelter.org.uk/professional_resources/legal/renting/occupiers_with_limited_security/excluded_occupiers

    Almost always property owner is landlord.  Landlord does not always mean AST
  • I don't know if there's a better answer to this, but it seems as though the easiest and safest solution is to make it a tenancy - eg AST - with the rent payable amounting to enough to cover the annual buildings (and contents, unless the kids want to take this out separately) insurance, annual gas safety cert etc. so around £25 pm :smile:
    I hope these kids know how lucky they are?!

  • His children are lovely.  My husband is a widower so we thought it only right that his children should benefit in some way from the home he and his deceased wife worked so hard for.   
  • canaldumidi
    canaldumidi Posts: 3,511 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper Combo Breaker
    edited 12 September 2021 at 8:35PM
    If no rent is paid (in cash or kind) then there is no tenancy.
    Therefore the occupiers are there under a licence to occupy - ie they have permission to be there which can be withdrawn at any time.
    Yes, a 'lodger' is someone who pays rent to a resident landlord and is therefore an 'Excluded Occupier' according to the Housing Act - but that does not apply here as no rent s paid.
    Council tax is based on occupation, therefore they are liable, not the owner.
    Insurance (buildings) must be taken out by the owner, not the occupant(s). As the owner is non-resident, standard residential insurance will be invalid - discuss with a reputable insurance broker.

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