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Category: UK Property Law
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My daughter has her own property for which she is paying a

Customer Question

My daughter has her own property for which she is paying a mortgage. She has met a man who is moving in with her and pintends paying rent to her. Should my daughter formalise this arrangement by having a contract made up?
Submitted: 6 years ago.
Category: UK Property Law
Expert:  Thomas replied 6 years ago.

HelloCustomer

 

The most important issue for your daughter is to contact her lender in the first instance and ask about their requirements, she should be very carefully not to breach the terms of her mortgage either wittingly or unwittingly. Prior to the his occupation they will likely require that he sign a simple Deed of Postponement stating that he will not acquire any rights in respect of the property and will vacate upon sale. If he is not contributing directly to the mortgage payments then your daughter should be fine.

 

Though it is somewhat dry and clinical, she should really consider getting a licence for a lodger drawn up to clarify his rights and protect her interests. It is fair to both parties and she should impress this upon him. You can get licences and information by paying a (relatively cheap) fee from the following sites:

http://www.netlawman.co.uk/bizdoc/licence-lodger.php?docid=PR602

 

or

http://www.lodgerpack.co.uk/Lodger_pack.asp

 

I think your right to have your daughter's position in mind, better to have clarity at the beginning.

 

If this has been useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

 

Kind regards,

 

 

Tom

 

 

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7260
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Property Law Specialists are ready to help you
Expert:  Thomas replied 6 years ago.

HelloCustomer

 

Sorry, I should also have mentioned a way forward that may be more suitable than the lodger arrangement. Your daughter and her partner could enter in to a co-habitation agreement. This would set out the details of his living at the property, such as:-

1. The length of time it will cover

2. How you will treat the property owned by your daughter

3. Whether your daughter's partner is to acquire any interest in the property

4. How any property acquired in the period of cohabitation will be shared equally or proportonally

5. The effect of the co-habitation ceasing

6. Whether they intend for the agreement to be legally binding.

 

You could speak to a local solicitor to get a draft drawn up, both your daughter and her partner will need to take independant legal advice prior to entering in to this agreement.


This is probably more suitable than a lodger agreement.

 

I hope this helps, please do not click accept again.

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