Advice needed please

RAS

You are going to be in so much trouble. Technically your sister is half owner, so you will never be able to remove her for non-payment or any other reason.

If she is paying any rent, you need very specialist advice about landlord law. She might be technically liable for half the cost of repairs but you might be the one fined for failing to do them.

The house won't meet the minimum standards for rental so you need urgent advice about whether you can be prosecuted for failure to meet them?

I'd suggest asking on the housing forum here but really you need a hot shot rental housing lawyer.

And it'll cause havoc if you or your husband need to claim any means-tested benefits.

You'd probably be better off making an Deed of Variation making over your share to your sister and letting her sort out the messes she creates. But that has to be done within two years of your parent's death.

Emmia

https://forums.moneysavingexpert.com/discussion/comment/82047820#Comment_82047820

The DOV making it over to the sister deprives the OP of what would be the bulk of their inheritance. I'm not sure the OP is willing to give up £100k - £150k.

OP I would go and get legal advice now about the steps to force the sale if needed

Sea_Shell

https://forums.moneysavingexpert.com/discussion/comment/82047831#Comment_82047831

BUT, they could, in effect BE giving it up anyway, if they allow sis to move in.

They have a little time regarding the DOV, if that's how it looks to be playing out.

They can then wash their hands of the whole thing and it won't be their problem anymore, especially if those renovations still need doing.

Annietott

As you’re older than your sister, at what point will you ‘realise’ your inheritance… most likely not in your lifetime!

if she wants to live in the house, she should be buying you out of your share. May you can give her a little discount, given that you won’t have to market it etc etc

She shouldn’t expect to just live in it for a nominal rental value

Sea_Shell

https://forums.moneysavingexpert.com/discussion/comment/82047850#Comment_82047850

OP, do you have children?

If so, that might be one thing that might swing you away from a DOV.

You might not get to realise your inheritance, but they might, in time, BUT you'd also potentially dump this problem on them.

Emmia

https://forums.moneysavingexpert.com/discussion/comment/82047845#Comment_82047845

Personally I advocate legal advice and forcing a sale. The OP should not have to give up their inheritance.

Sea_Shell

https://forums.moneysavingexpert.com/discussion/comment/82047905#Comment_82047905

Of course they shouldn't have to.

But sometimes you have to weigh up the pros and cons of "winning" this battle, if it looks like it's going to deteriorate into a relationship ending mess.

By all means pursue a forced sale route, but a DOV might save emotional capital.

Some might say that's more important than £££ ... Maybe 🤔

Annietott

Why should the OP have to give up her inheritance, gift her sister her share of the house to a sibling that is effectively manipulating the situation for her sole benefit .

And if she does, DOC spring to mind.

Cubicsrube

Just adding to the chorus - DO NOT do this!

You will effectively have the worst of all worlds, for no benefit: you will become a capital gains-liable, second property-owning, self-assessment-filing, professional landlord, subject to all the newly strict regulations that govern landlords, without seeing a penny of your inheritance.

It will be nigh on impossible to get your sister out once she's in and stops paying rent. She no doubt knows that, which is why she is prepared to move to the middle of nowhere and give up work, for the prospect of a rent free future).

A deed of variation seems very unfair as it essentially means you forfeit your inheritance.

There are only two options that make sense: 1. She buys you out. 2. You sell the house from the estate and split the proceeds. It doesn't sound as if 1 is viable for her, so you're left with 2.

Emmia

https://forums.moneysavingexpert.com/discussion/comment/82047913#Comment_82047913

£100k - £150k is a chunky wodge of cash to potentially give up...

If the sister wants the property she effectively has a 50% deposit in the form of her share. If she can't raise the funds to buy the OP out via a mortgage then the property must be sold.