Trying to be a fair landlord.

[exleodensian]

We own a rental property that is split in to two separate self-contained flats.

The upstairs tenant is my DH’s son, and he has sole use of the back yard.
There is a small area to the side of the property that is designated as a parking space for the property.
DH and his son have fenced off this area, and son wants it as a garden for himself. DH agrees to this.
I think it is only fair to let the downstairs tenant have the use of this space, and it is unreasonable for the son to be allowed both spaces.

DH thinks the tenant rents the flat, not the garden space, and it is up to him as the owner, as to who can use the space.
DH has said that if the upstairs tenant was not his son, he would allocate the side area to the downstairs flat.
Son does not pay the full market rent for the property.

AIBU thinking each flat should have one of the outside spaces?

I would not want to rent a ground floor flat where the (family) tenant upstairs had the run of all the land around it, particularly if it meant that their outside leisure space was outside one or more of my windows. Assuming other people feel as I do, then it would follow that you are making a commercially less wise decision as the GF flat won't attract the same rent. So a lot depends on how much you depend on the rental from that flat.

Princess, obviously you do not know all the facts. I had lengthy discussions with the Housing Benefit. Section and was totally truthful with them. HB is often not paid if the landlord is a relative because in effect the HB then buys a property for the claimant's relative. In our case, there is no mortgage on the property, the flats are not the only property we let, and if the son were to move, it would be let to someone else. The only reason for the low rent is that is the maximim HB will pay. The downstairs tenant pays the same low rent, and yes we could get more if we rented to someone not reliant on HB, or if we expected the tenants to pay some of their own benefit toward the rent, but like the title says,Trying to be a fair landlord.
I am in fact, very good at my job, which is why I went to so much trouble to be completely transparent with the HB section.
Since I didn't ask for your opinion on the ethics of my renting a property to my husband's son, or indeed an appraisal of my competency at work, be a dear and keep on topic please.

Joysmum, you are right in that it is partly a family issue in that the son has never worked, nor is he likely to.(No health issues preventing this). I feel that he is lucky to live in accommodation that will be long term, so he has security of tenancy, and should not prey on the fact that the landlord is his dad in order to get preferential treatment. DH has said that he wouldn't allow another tenant both bits of outside space.
I am quite vocal with DH about this, and discussions are ongoing!

Just out of interest, is dp encouraging ds to look for work or has he accepted that he will never work? I find that astounding. How old is he and what happens when he has children of his own?

DH has a very keen work ethic, and still, rather naively, thinks (hopes) that both his sons will find work someday.

They are 24 and 28. Neither has any educational qualifications, and the eldest has three children so any earnings he might achieve would not better his benefits. (He says why should he work for nothing, but we won't go there on what I think of that point of view)!
DH has tried to encourage the younger one to do voluntary work, but to be honest, his lack of social skills, introversion and general lack of gumption prevent him from even investigating the possibility.
The apples certainly fell far from the tree when it comes to DH and his offspring.

It will be a lot more attractive to tenants with outdoor space and I would say you will get a higher rent,

So as you are already giving a reduced rent to the son, and he already has some outdoor space, that I would allocate it to the bottom flat.

I'm very tempted to have a good rant at your DH but will have to refrain. Every day those lads don't work is detrimental to them, their spirit, their status, their mental development, their physical develpment, their finances, their pension.

Rant over :)

Horsetowater, I don't disagree with you with regard to the detrimental effect of not working. I can't imagine not working myself.
I don't rant at the DH over his sons' too much, (ok, I do occasionally).
I think DH is disappointed in his sons, and keeps mooting the idea that we invest in some sort of business for them to work in. I am loath to do that since I don't think you can suddenly produce a work ethic in your mid to late twenties, and it would be throwing good money after bad.

You could always add a caveat to say he can't live in the flat unless he's working or in education.