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Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7617
Experience:  BA (Hons), PgDip, Practising Solicitor
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My partner and I have ended our relationship. I own a house

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My partner and I have ended our relationship. I own a house which she is living in rent free having made no contribution to the mortgage which I am still paying. I am thinking of selling the house and she has asked me to consider renting it to her, I dont want to really throw her out as such but I cant really afford to keep her living there as it stands. I still care for her and if this were the case I would only seek to break even is this possible or is it fraught with a myriad of future legal issues.

This relates to UK law

Are there any children of the relationship?

Customer: replied 4 years ago.

She has children but they are from a previous relationship. At the moment I know I can revoke her licence to occupy and we never got to the stage of co-habiting...but at the same time I want to do the best thing all round.


Thanks for your patience.

My answer assumes that she did not contribute any monies to the initial purchase of the property and that you shall remain unmarried.

The position is that where a person is not named on the registered title to a property then you can generally only claim an interest in the property if you have made either a capital contribution to it (ie. financing the purchase or pay for significant works which materially increase the value of the property) or have maintained the mortgage payments/paid rent or bills to a total that is more than you would otherwise have paid in private rented accommodation in the area.
Provided that:-
1. You remain unmarried and do not have any children with her
2. She pays no more than market rent for the property
3. She does not pay capital sums off from the mortgage
Then she will not be able to make a claim against the property.
If you are not going to live at the property and instead grant her assured shorthold tenancies (ie. for 6 months at a time, for example) then you will need to speak to your mortgage lender about changing your mortgage from a residential mortgage (I presume this is what you currently have) to a buy to let mortgage).
If you have given up occupation already and she is living there and pay rent to you then the lender may regard this as a breach of your mortgage conditions, which would probably mean that you might have to pay some additional fees to them to get your mortgage switch to a buy to let.

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Kind regards,

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