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  • FIRST POST
    • Glosbod
    • By Glosbod 3rd Mar 18, 6:41 PM
    • 1Posts
    • 0Thanks
    Glosbod
    Responsible for bills brother in parents house
    • #1
    • 3rd Mar 18, 6:41 PM
    Responsible for bills brother in parents house 3rd Mar 18 at 6:41 PM
    My brother is living with my parents. He is nearly 40.
    He does not work or claim benefits and is basically living off parents.
    I own my own home. Well just recently got a mortgage with my boyfriend.
    Got POA along with my brother for both parents should anything happen and parents have stated that the house would be left to both of us.
    My worry is come the time both our parents are no longer around, seems like my brother will never leave and will not sort out bills.
    If he is the only one living there, will bill payments be left to him to pile up as he is not working or would I be expected to pay even though I dont live there?
    The mortgage is paid of so would just be running costs.
    Dont know how I would afford to pay for brother to live there and pay to live in my own home.
Page 1
    • Keep pedalling
    • By Keep pedalling 3rd Mar 18, 7:04 PM
    • 5,102 Posts
    • 5,687 Thanks
    Keep pedalling
    • #2
    • 3rd Mar 18, 7:04 PM
    • #2
    • 3rd Mar 18, 7:04 PM
    Unless the will states that your brother has a lifetime interest then you can insist that the house is sold and the proceeds split between you.
    • Yorkshireman99
    • By Yorkshireman99 3rd Mar 18, 7:08 PM
    • 4,261 Posts
    • 3,477 Thanks
    Yorkshireman99
    • #3
    • 3rd Mar 18, 7:08 PM
    • #3
    • 3rd Mar 18, 7:08 PM
    My brother is living with my parents. He is nearly 40.
    He does not work or claim benefits and is basically living off parents.
    I own my own home. Well just recently got a mortgage with my boyfriend.
    Got POA along with my brother for both parents should anything happen and parents have stated that the house would be left to both of us.
    My worry is come the time both our parents are no longer around, seems like my brother will never leave and will not sort out bills.
    If he is the only one living there, will bill payments be left to him to pile up as he is not working or would I be expected to pay even though I dont live there?
    The mortgage is paid of so would just be running costs.
    Dont know how I would afford to pay for brother to live there and pay to live in my own home.
    Originally posted by Glosbod
    It will depend on the exact wording of the will. Sorry to be downbeat but I can see you having to eventually force a sale. As joint owner you could be liable for the council tax but AFAIK not any others.
    Last edited by Yorkshireman99; 03-03-2018 at 7:32 PM.
    • Keep pedalling
    • By Keep pedalling 3rd Mar 18, 7:26 PM
    • 5,102 Posts
    • 5,687 Thanks
    Keep pedalling
    • #4
    • 3rd Mar 18, 7:26 PM
    • #4
    • 3rd Mar 18, 7:26 PM
    Has your brother ever had a job?
    • Jeanie_84
    • By Jeanie_84 5th Mar 18, 1:25 AM
    • 38 Posts
    • 14 Thanks
    Jeanie_84
    • #5
    • 5th Mar 18, 1:25 AM
    • #5
    • 5th Mar 18, 1:25 AM
    As your parents are both living it would advisable to discuss your concerns as a family.

    I don't know your brothers situation but on the surely it would also be in his interest to think about the potential situation he could find himself in. So to avoid any future issues with your brother than now is an opportunity to secure both your futures.

    It would cost you to force a sale.
    • Sea Shell
    • By Sea Shell 5th Mar 18, 6:39 AM
    • 786 Posts
    • 1,065 Thanks
    Sea Shell
    • #6
    • 5th Mar 18, 6:39 AM
    • #6
    • 5th Mar 18, 6:39 AM
    As your parents are both living it would advisable to discuss your concerns as a family.

    I don't know your brothers situation but on the surely it would also be in his interest to think about the potential situation he could find himself in. So to avoid any future issues with your brother than now is an opportunity to secure both your futures.

    It would cost you to force a sale.
    Originally posted by Jeanie_84
    The worry there is that if you really spell it out in black & white to your Mum & Dad what might happen...they may decide to leave the house 100% to your Brother, because he NEEDS it!!!!
    " That pound I saved yesterday, is a pound I don't have to earn tomorrow "
    • DairyQueen
    • By DairyQueen 5th Mar 18, 12:10 PM
    • 293 Posts
    • 459 Thanks
    DairyQueen
    • #7
    • 5th Mar 18, 12:10 PM
    • #7
    • 5th Mar 18, 12:10 PM
    The hierarchy of council tax responsibility:

    "There is a strict hierarchy of who is responsible for paying the Council Tax on a chargeable dwelling (property). The person responsible for the Council Tax on a property will be the person who comes first on the following list:
    a resident of the property who has a freehold interest in the whole or any part of it
    a resident of the property who has a leasehold interest in the whole or part of it which is not inferior to another such resident leaseholder's interest
    a resident who is a statutory or secure tenant of the whole or any part of the property
    a resident who has a contractual license to occupy the whole or any part of the property
    a resident of the property
    the owner of the property".

    This suggests that your brother, assuming he remains resident, would be first on the list and would carry the entire responsibility.

    If your brother refused to insure the property, or maintain it, then you may consider it worthwhile protecting your asset and paying the building insurance and maintenance costs, regardless of his responsibility to pay.

    All utilities are his legal responsibility whilst he is resident.

    The difficulty isn't simply the legal position but the emotional pressure of dealing with a sibling who is behaving unfairly, feels entitled, or is unreasonably 'needy'.

    By enabling his behaviour your parents are not protecting or helping your brother. They are encouraging his dependence (at the expense of his wellbeing) and creating a legacy that could disrupt the relationship between you and your brother.

    Having said that, the status quo could change. One/both parents may require nursing care. They may wish to move. They may wish to release house equity. All kinds of things could happen.
    • CIS
    • By CIS 5th Mar 18, 12:28 PM
    • 10,527 Posts
    • 6,082 Thanks
    CIS
    • #8
    • 5th Mar 18, 12:28 PM
    • #8
    • 5th Mar 18, 12:28 PM
    If the parents were to die then the brother would be liable for the council tax charge as he is resident in the property.
    I no longer work in Council Tax Recovery but instead work as a self employed Council Tax specialist. My views are my own reading of the law and you should always check with the local authority in question.
    • elsien
    • By elsien 5th Mar 18, 12:30 PM
    • 16,558 Posts
    • 41,795 Thanks
    elsien
    • #9
    • 5th Mar 18, 12:30 PM
    • #9
    • 5th Mar 18, 12:30 PM
    There is also the possibility that if both your parents need care in later life then the house would be considered an asset that would be used to pay for this. In which case it may have to be rented out or sold anyway.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
    • Mojisola
    • By Mojisola 5th Mar 18, 1:25 PM
    • 29,388 Posts
    • 75,031 Thanks
    Mojisola
    My brother is living with my parents. He is nearly 40.

    He does not work or claim benefits and is basically living off parents.
    Originally posted by Glosbod
    Unless they are paying voluntary NI contributions for him, he won't get a State Pension.

    Are your parents expecting you to finance your brother's later years?
    • arielsmelody
    • By arielsmelody 5th Mar 18, 2:13 PM
    • 34 Posts
    • 26 Thanks
    arielsmelody
    Are your parents both in good health physically and mentally? While they are capable of making their own decisions, there is no problem with them supporting your brother by letting him live in their house rent free and paying all his bills. The problem will be in the future if they lose capacity and you have to use the POA to look after their finances. At that point, you have to make decisions in THEIR best interests, not your brothers - and obviously letting him live off their money is not in their best interests! And if it comes to the point where the house needs to be sold to pay for care home fees, unless your brother is over 60 (or the rules have changed by then), you might be looking at a situation where he needs to be evicted but has no savings or income of his own. Potentially a huge can of worms.
    • Yorkshireman99
    • By Yorkshireman99 5th Mar 18, 5:54 PM
    • 4,261 Posts
    • 3,477 Thanks
    Yorkshireman99
    As your parents are both living it would advisable to discuss your concerns as a family.

    I don't know your brothers situation but on the surely it would also be in his interest to think about the potential situation he could find himself in. So to avoid any future issues with your brother than now is an opportunity to secure both your futures.

    It would cost you to force a sale.
    Originally posted by Jeanie_84
    There are also unknown factors such as why has he never worked or claimed any benefits? Whilst I am sure it is not a unique situation I cant help wondering if the sooner all concerned faced the reality the better it would be even though it may be very, very, difficult indeed.
    Last edited by Yorkshireman99; 05-03-2018 at 6:02 PM.
    • Silvertabby
    • By Silvertabby 6th Mar 18, 11:55 AM
    • 2,871 Posts
    • 4,095 Thanks
    Silvertabby
    As your parents are both living it would advisable to discuss your concerns as a family.

    I don't know your brothers situation but on the surely it would also be in his interest to think about the potential situation he could find himself in. So to avoid any future issues with your brother than now is an opportunity to secure both your futures.

    It would cost you to force a sale.
    Originally posted by Jeanie_84
    The worry there is that if you really spell it out in black & white to your Mum & Dad what might happen...they may decide to leave the house 100% to your Brother, because he NEEDS it!!!!
    Originally posted by Sea Shell
    Exactly what happened to me. My sister (living with dad, but had her own business) 'pursuaded' dad to leave the house to her alone 'because I was married and had my own (albeit mortgaged) house'.

    In hindsight, this was probably the best result for me. The house was in a poor state of repair, and I know if it had been left to the two of us I would have been hammered with bills for essential maintenance plus all the utilities on the grounds that my sister didn't believe in paying bills.

    Her business, such as it was, went bankrupt within 2 years of dad's death and she lost the lot.
    Last edited by Silvertabby; 06-03-2018 at 12:08 PM.
    • buildersdaughter
    • By buildersdaughter 6th Mar 18, 12:14 PM
    • 163 Posts
    • 425 Thanks
    buildersdaughter
    I agree that you need to have a conversation with your parents about your brother's future - or possibly ask another family member to help.
    You haven't said if he has any sort of special needs - if so, he needs to be 'flagged up' to Adult Social Services. although they are unlikely to do anything much at present, he will be on their 'list' should anything happen to your parents.
    If he is of sound mind and has no disabilities, then he needs to be aware that he will be responsible for himself.
    So much is black and white. Sometimes what happens is that someone with borderline special needs / mental illness gets cared for (usually by parents) in such a way that they never trigger any health or social needs in the wider world, and the family coast along until sudden death or illness.
    Your parents may not quite realise the implications of leaving you part of the house (or maybe they do, and are avoiding the problem!).

    Broadly speaking, without knowing personal circumstances, this can't really be good for your parents or your brother. If he is unable to hold down a job, or to understand what benefits he may be entitled to, or how to manage any conditions he has, then you do need to talk to someone.

    I do wish you luck.
    Last edited by buildersdaughter; 06-03-2018 at 12:20 PM.
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