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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 9973
Experience:  30 years as a practising solicitor.
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My sister in law has liferent in my house in Scotland. Can

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My sister in law has liferent in my house in Scotland. Can I rent out one of the bedrooms to earn some money as she pays me nothing by agreement, or can I make her pay me rent now.
Thank you for your question.

No, you can do neither. A liferenter is entitled to vacant possession of the subjects of the liferent and is not required to pay rent to the fiar, ie, owner.

You can reach an agreement as to getting a tenant for one of the rooms but technically your sister in law would be entitled to the rental income.

A liferent means that the liferenter is entitled to occupancy of the property and "the fruits" of the property, including rental income and any other income derived from the property, eg, fruit, crops, etc as appropriate.

I hope this helps. Please leave a positive response so that I am credited for my time.
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