Mother in home. What to do re house ?

Trivial in the bigger picture, but if it remains empty there may be Council Tax implications. Councils do anything from charge no Council tax on an empty property through to charging double.

Another voice warning you off letting the house. It's not for the amateur anymore and you probably have enough on your plate managing your mum's affairs as it is.

If it's a nice house in a desirable area what's stopping you from putting it on now to test the market? You aren't in a hurry to sell and you're not in a chain so you have a very favourable position.

Sorry about your mum.

Sell it.

I know.

She is very distrustful so could easily refuse. And no way would she understand the context.

Luckily the solicitor knows her so understood why I got nervous. (I felt like a
criminal telling a solicitor how to manipulate my 90 year old mother.) He felt the requirement was met by him 'explaining' the paperwork to my mother and leaving the carer to decide the best time to grab a signature. (DM hates being asked to sign as she is forgetting how to write. She may not have been willing to do so in front of a stranger.)

If the CoP don't understand how disabling dementia is, what hope have we. Four years ago I had to get their permission to act for her in some property litigation, so they already have GP paperwork etc that confirms she does not have capacity.

I have diverted the thread a bit with my ranting. But CoP are slow. Unfortunately my mums affairs are seriously complicated, and I would love to simplify them, but can't stomach going through CoP again, so may have to wait for probate. She may well live another decade. And will struggle for liquidity if any of the proposed 'mansion' taxes are introduced.

I don't understand how or why the signature of a person who doesn't have capacity is even deemed useful?

I really dont know if you need permission to sell. My solicitor says not (my late dad bought several rental properties which really ought to be sold) but the Land Registry makes the decisions and could require you to have CoP permission.

In our case we bought a flat near my mums and it made sense to borrow money from her rather than take out a mortgage. We deliberately did everything above board. The loan was secured against the property and the interest rate was fixed midway between what she was getting and what we would pay. It was also repayable on demand, so apparently more flexible than a long term bond.

We decided to repay, in part to increase her liquidity but also in case we need to remortgage quickly to pay IHT.

Blow me. The Land Registry want CoP permission to repay the money and lift the charge (all done, like the original loan through a solicitor). The argument is simple. The old lady should have her money in a more liquid form. But the forms and phone guidance were unintelligible. We engaged a trusted and efficient solicitor but despite his regular reminders we are 9 months and counting. And this is just a paper application. I would hate to have to do something more complicated.

Luckily there is no urgency. I don't mind the Land Registry getting more fussy. A house is usually a persons major asset, and I am sure there have been a few instances where a sale was not in a persons best interest. However their tightening up plus the snail like pace of the CoP is a difficult combination.

Checking whether you need CoP permission is a good idea. However (another T shirt!) its not OPG, but rather the Land Registry who may demand to see CoP permission.

Once you decide to sell I would instruct a solicitor immediately and ask them to check. The LR has become a lot more fussy recently so I/my solicitor got caught out by a late demand. The CoP is possibly the slowest Government organisation of all time. Its a simple transaction yet we are almost 12 months in, and no word. My private theory is they are hoping some cases will resolve themselves by the person dying. They did however issue a strange request that the solicitor serve papers on my mother and get her signature. DM is 10 years into dementia and cant always remember how to sign her name and her willingness to do anything depends on her mood. (No chance of her understanding the document.) I endered up having to prep the solicitor on how to manage her mood. (Take in a packet of custard creams, then as she tucks in, whip out the document and pen.)

You might also get four sets of agents in now. Quiz each of them on the market and what work they think needs doing. Then you have a good idea who to instruct when you are ready. Dont forget to ask them what commission they would charge.

I would sell the house now. It will save a lot of anxiety in the future. It might be worth checking with the OPG if need permission from the CoP.
Sorry to hear about your mum.

First, get LPA. Better than EPA.

Sell the house, then you won’t have the hassle/worry when your mother dies. I’ve got the t-shirt!

I still think sell it

Just doesn’t seem worth doing it any other way

Renting out the property may not generate enough per month to pay for the care & you would need to deduct agents fees, maintenance repairs & it's lots of time & responsibility

I would suggest you speak to the care home about payments
Age Concern may also offer you some advice

It is difficult times ahead

Take care of yourself too

late 80`s lived till mid nineties. She died three weeks after the money ran out. Living in a home improved her health physically because she had such good care and was stimulated by the company she had there. She even imagined she was having an affair with an old boy there who we ironically also knew. They used to hide her when the old boys wife visited.

Yes. It is a Tory proposal which is currently under consultation. There is strong resistance fromlandlord organisations, as it will make life very difficult. Corbyn's proposals are worse...lots worse.

Essentially you would lose the flexibility of fixed term contracts and being able to issue a S21 giving tenants 2 months notice to leave. Good for tenants as it would give them security of tenure, but potentially a real problem if you needed the flexibility of selling her property to pay care bills.

Honestly, and I wear the T shirt, there is not a lot of money in BTL anymore. Letting agents are often not great, there is a huge downside risk and potentially a lot of stress. Plus the CGT point I made before.

Property prices will fall if S21 changes or Corbyn come in. Unless you want to hold onto the property, I would sell. You need your energy for your mum.

My friends mum was like this when she went into care. The home were wonderful, however, £240K later she died. So be careful unless you have this kind of ready cash available the house may be needed.

What MrsApplepants said.

My mother owns a lot of property which my dad bought as a retirement hobby. It has been a lot of work, both to get everything up to the standards modern renters require, and on going.

I would not advise anyone to go into BTL unless they have experience or have a good commercial brain and are reasonably assertive. I would especially not advise anyone to rent out property until we know what will happen with the current section 21 proposals. Nor unless the property is a good letting prospect (10 minutes walk to a station etc...)

FaerieQueene , are you a landlord?

I would consider renting it and getting an income to help pay for the care home.

Look at the tax implications if there might be liability for CGT.

If there has been a substantial gain you either sell it now as a primary, so tax exempt, residence. Or wait till after probate.

I'm sorry that you have been left with this to deal with.
Your instincts may not be the easiest route. I recently paid through the nose for vacant insurance for a flat which had to be with a specialist insurer, so watch out for that.
If the agents agreed that the bathroom will need to be refurbished then it does need it. I find that they always want to let quickly, so they are probably right. Would that be easy to organise?
An occupied property is always easier especially over the winter. Your unoccupied insurance will require you to visit every week. Can you do that?
I think the worst advice is to let it as is for a lower rent. You are aiming for high quality tenants with high standards. Works for me.