Assistance required on "free" tenancy

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Assistance required on "free" tenancy

    Hi,

    I wondered if somebody might be able to give me some advice. At present I am not living in the UK but I do own a UK residential property.

    I am allowing an old friend to live in my house free of charge...ie no rent while I am out of the country. The person occupying the house pays all the bills associated with the house such as council tax, gas, electric etc...however I am paying for the upkeep of the building, this has included a new bathroom, double glazing etc.

    I am more than happy with this situation and am not expecting or wanting my friend to pay rent....at present I am more than happy to allow my friend to live in the property for life. However, my concern is that if my friend were to die then the friends grown up children may be able to stake some sort of claim on the property.

    However, I have suddenly become concerned after speaking to another friend that this situation might cause me problems, and at a later date bite me on the bum, so to speak.

    My concern is that I may loose the ownership of my property due to something like possessory title.

    Can anyone please give me some advice?

    #2
    Well, your friend cannot have any Housing Act 1988 rights- the Act does not apply if there is no rent payable.
    Protect yourself by having your solicitor prepare a suitable Letting Agreement (as a Deed).
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


      #3
      Originally posted by jeffrey View Post
      Well, your friend cannot have any Housing Act 1988 rights- the Act does not apply if there is no rent payable.
      Protect yourself by having your solicitor prepare a suitable Letting Agreement (as a Deed).

      Jeffrey, could such a Deed allow for no rent to be paid?
      'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

      Comment


        #4
        Yes. In fact, that's precisely why it must be in the form of a Deed.
        For more about 'contractual consideration', see http://www.landlordzone.co.uk/forums...light=contract
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment


          #5
          Originally posted by jeffrey View Post
          For more about 'contractual consideration', see FOLLOWS...
          Who's he, then?
          'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

          Comment

          Latest Activity

          Collapse

          Working...
          X