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AIBU?

To charge my sibling rent?

203 replies

Inheritanceconfusion · 08/10/2022 21:01

My sibling and I inherited a property from our parents, when they died.


My sibling has been living there for about 18 months since probate was granted. The intention was to buy my share but that has been delayed for various reasons.


My sibling has not been paying anything for living there and I’ve recently discovered that they and their spouse are saving around £2k per month.


With costs of living and our own mortgage rising, I am considering asking them to pay me some rent on the property.


Would that be unreasonable? I think they would think so.

OP posts:
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Am I being unreasonable?

655 votes. Final results.

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You are being unreasonable
20%
You are NOT being unreasonable
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FlippityFlippityFlop · 08/10/2022 21:55

I think that it would be fair for her to pay you half the market rate. She should also be responsible for the council tax etc.

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Cameleongirl · 08/10/2022 21:55

Inheritanceconfusion · 08/10/2022 21:50

There’s no mortgage on the property.

My sibling’s family occupy all of it. There’s no room for a tenant or anything.

Even more reason for giving them a firm date to buy you out.

Remember, this isn't what your parents wanted, OP. If they only wanted your sibling to benefit from the property, they'd have left it to them 100% - but they left it you 50/50. They wouldn't be happy with this situation.

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Luredbyapomegranate · 08/10/2022 21:56

Give them a deadline to buy you out, otherwise the house is sold and split. Quietly go and see a solicitor to find out what you will need to do to force a sale of necessary.

Don’t faff about with rent, get the big issue sorted.

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Luredbyapomegranate · 08/10/2022 21:56

Force a sale IF necessary

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HeckyPeck · 08/10/2022 21:56

Not sure why PPs think OP is petty when her sibling has profited over £30k while the OP has nothing.

I agree re giving a timescale & half market rent in the meantime.

It was left 50:50 so you should both be benefitting equally.

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TwoBlondes · 08/10/2022 21:59

I looked into this as DH is having the same issue and it's not exactly giving his brother any incentive to sell the house. Legal advice was that he should be paying rent at market rate into the estate.

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GroggyLegs · 08/10/2022 22:00

It's crazy that people are saying this is fine & OP is petty!

DSis is living rent free for 18 months, while OP has seen zero return on her 50% while her own living costs rise.
It's gone on so long that mortgages are being withdrawn and a housing market crash is possible, meaning possibly a lower sale price for the sister than if it had been sold outright to a third party a year ago.
House could have also been rented out and turning a tidy profit in those 18 months.

OPs has been incredibly patient and she's out if pocket because of it.

She is far from petty. But the sister is a freeloader.

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Cameleongirl · 08/10/2022 22:03

She is far from petty. But the sister is a freeloader.

Exactly, @GroggyLegs ! The sister is essentially taking advantage of the OP's good nature and completely ignoring the terms of her parents' will. They wanted to leave the property to both their children and the OP has got bugger all so far.

It's ludicrous that some posters think the OP is unfair to consider charging rent - her sister is the CF!

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yellowtwo · 08/10/2022 22:08

Your DS is taking advantage of you OP.
You need to look into selling the property. I would worry that she has no plans to move out any time soon.

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PrincessButtercupToo · 08/10/2022 22:12

coffeeandpoetry · 08/10/2022 21:03

Come off it 😂

Why?

Putting my “homo economicus” hat on the sibling is using the OP’s half of the home for free. OP would be entitled to move a family in to share, charging them rent for their 50% of the property.

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Ponderingwindow · 08/10/2022 22:13

until the sibling buys you out, I would view the house as essentially belonging to the estate. If the sibling wants to live there, market rent should be paid to the estate. if this is going to go on for more than another month, I think you need a solicitor to make sure your interests are protected.

Keep in mind that until ownership is severed, op is still liable for repairs and any risk associated with the property. Op is currently taking that on with no guarantee of a payout. Simply owning half the property does not guarantee that the property will continue to be kept in proper shape or maintain its value. Sibling probably won’t trash the house and strip it or anything valuable, but there is technically nothing stopping sibling from doing just that. Sibling probably won’t be negligent with property in a way that causes injury to a visitor to the property, but it could happen and then a lien could be placed against the property itself for damages.

really, if your sibling wants to live in this property, then buying you out should be happening very quickly. If sibling is having trouble securing a mortgage, then sibling needs to be honest that staying in the house isn’t actually feasible.

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PrincessButtercupToo · 08/10/2022 22:13

StopFeckingFaffing · 08/10/2022 21:11

You can't charge someone rent for a property they own

They don’t own it, they own half of it, so should be paying rent for the use of the other half.

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Inheritanceconfusion · 08/10/2022 22:19

@Ponderingwindow there isn’t really an estate any more as probate has completed. We own it as individuals in our own right.

Lots of you don’t think I WBU but some of you really would and I worry that’s how my sibling and spouse would see it.

DH is getting increasingly cross at the situation. He’s in a stressful job he doesn’t like and essentially feels we’re subsidising my sibling and family.

OP posts:
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Punchline · 08/10/2022 22:19

The spouse is also living there rent free, taking liberties. In what world would OP’s concerns be unreasonable.

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yellowtwo · 08/10/2022 22:23

essentially feels we’re subsidising my sibling and family. You are. It's obviously an awkward situation, and hard for you to navigate it. Can you talk to your sister and set a date for either her buying you out or selling? Possibly arrange a meeting with a solicitor so it is more formal?

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Anunusualfamily · 08/10/2022 22:24

is your sibling reasonable and do you have a good relationship? Surely they must see what benefit they are getting from being there. Would they be receptive to an honest conversation about how you need to release equity from your share by selling your half either to them (with a set deadline) or forcing it to be sold on the open market

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Mooossssif · 08/10/2022 22:25

Harridan1981 · 08/10/2022 21:23

If the sibling only owns half the property, she should technically pay rent on the other half. Otherwise OP is missing out on half of market rent while they live for free.

This!

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SugarNspices · 08/10/2022 22:26

I would talk to them and ask them where they are at with this issue. I would make it clear that because you both own half, they have to understand you don't wish to wait forever (18 months is a long time, so you would be fair to say something by now) I would try come up with a realistic time scale together but if it's not being met the insist on selling the house and splitting the sale. If it went on as a last resort if you can't agree I would get legal help, but hopefully it can be sorted without.

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Cameleongirl · 08/10/2022 22:28

Inheritanceconfusion · 08/10/2022 22:19

@Ponderingwindow there isn’t really an estate any more as probate has completed. We own it as individuals in our own right.

Lots of you don’t think I WBU but some of you really would and I worry that’s how my sibling and spouse would see it.

DH is getting increasingly cross at the situation. He’s in a stressful job he doesn’t like and essentially feels we’re subsidising my sibling and family.

All the more reason to give your sibling a firm deadline to resolve the situation.

You don't need to charge rent in the meantime if that makes you uncomfortable, give them four to six months to buy you out or put the house on the market. There's nothing unfair about this, you've been amazingly patient so far!

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Ponderingwindow · 08/10/2022 22:32

I know it’s not an estate, it is more than mentally until the matter is resolved, the two of you should think about it that way. If the sibling really wants to drag this out, I would even look into seeing a solicitor and putting the house into some sort of formal business arrangement.

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SenecaFallsRedux · 08/10/2022 22:36

peanutbutterontoast7 · 08/10/2022 21:33

I couldn't imagine a world where I would ask my sister for rent on a house she jointly owns.

And I can't imagine a world where my sister would not offer.

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Inheritanceconfusion · 08/10/2022 22:40

Ok I see what you mean @Ponderingwindow. Thanks.

OP posts:
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Inheritanceconfusion · 08/10/2022 22:41

@SenecaFallsRedux I think the not offering and not even acknowledging that their cost of living is so very low when we pay a large mortgage has begun to bother me.

OP posts:
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unsync · 08/10/2022 22:53

You are probably entitled to 50% of market rental value. What about maintenance, bills etc - your sibling pays? Does the property require any capital works? Do you discuss any changes to the fabric prior to commencing?

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Aconitum · 08/10/2022 22:54

You are just going to have to bite the bullet OP and have a frank discussion with your sister. Tell her you will be having the house valued for sale and for rental then you give her a deadline to buy your half share. End of December should give her plenty of time - her own fault that she's missed out on some really good long term deals over the past 18 months.
You tell her that if she has not completed by that date then you will be charging her rent at the current market rate for your half share. You will expect a formal rental agreement to be in place.
You explain to her how upset and disappointed you are that this matter has not been resolved before now.
You explain to her that if she does not arrange to buy you out or pay you rent, you and your family will be moving into the house with them as you have every right to do and you will rent out your own house.

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