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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.

POLL
You are being unreasonable
20%
You are NOT being unreasonable
80%
Summerof22 · 09/10/2022 06:33

is she paying all the bills and council tax?

my parents’ house has been lying empty for a couple of years and it’s costing us money (it’s an old house in another country where no one would rent it), So you could look at it from that perspective and think they are saving you money.

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BonesOfWhatYouBelieve · 09/10/2022 06:38

It's hardly surprising they're in no rush to buy you out when currently they're living rent and mortgage free.

If I was in your sister's position, I would never do this to my sibling. If you'd inherited cash, it wouldn't be acceptable for her to keep hold of your half. I'd be asking for rent on my half, or looking in to forcing a sale.

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Raindancer411 · 09/10/2022 06:44

First of, do you want to keep a good relationship with your sibling? If so, you need to speak for her and say you are struggling and need the money. She has the option of either paying you some money back on the property monthly, or you will need to sell the property.

But judging by the building anger it is causing, this could be a mute point, and the relationship will decline anyway.

If all else fails, you could give a date to decide by and if no response, force a sale through the courts.

www.samconveyancing.co.uk/news/conveyancing/can-i-force-the-sale-of-a-jointly-owned-property-6179

I am not a legal person so you would need to take some advice on that, but firstly TALK... Your sibling maybe happy to start doing small payments now but you would need to get it all legally done too and it would be at todays prices, so you can not move a goal post if the price goes up later.

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strawberry2017 · 09/10/2022 06:47

Your sister is totally taking the piss, it sounds like she's saving the deposit to buy it whilst living in it.
You need to be honest with her and tell her how you feel before the resentment grows.

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TheTeenageYears · 09/10/2022 06:47

If you sold the house and split the money you would benefit equally. If you rented out the house to someone else you would split rent and benefit equally. I don't think it's in anyway unreasonable to charge half the going rate in rent for your 50% ownership. Why should sibling get all the benefit and you none. They have no incentive to proceed with buying you out all the time they are living rent free and presumably they need a mortgage so that's going to be a lot harder in the current times than it has been in the previous 18 months.

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Sugarplumfairy65 · 09/10/2022 06:59

minou123 · 08/10/2022 21:05

Disclaimer: I don't gave legal knowledge.

But based on the fact you both own the property, I dont think you can charge her rent.

I think you either push the issue of her buying you out, or if she is unable to do that then you sell the house and split the sale price.

The sibling can legally be charged rent on half of the property

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scatteredglitter · 09/10/2022 07:07

I think you should present the fact to your sibling
1 cost of living going up and you are squeezed for the mortgage so need to sell the property sooner rather than later
2 if sibling is ready to buy property then let them buy it outright
3 if not then you need to sell it sooner as you cannot any longer sit on the property as asset -you now need the money from the sale sooner rather than later due to current economic climate
4 as a pp said - it s hard to imagine a situation where your sibling would knowingly see you suffering the increased cost of living and profit from
It when their savings are ultimately being subsidised by you !
So push to sell as you need to money, if they push back offer that they pay half the goof rate of rent.
This will mean that any maintenance or taxes are also halved though so I wonder how much you will actually be up and you might be better off to push the sale sooner rather than later

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Relocatiorelocation · 09/10/2022 07:10

Careful what you should for op.
The house is costing you nothing at the moment. We're it empty you'd need.yo pay half the council tax, half the insurance, half the utilities etc until it sold. Plus of course half of any maintenance.
Perhaps better to be happy with your sibling living there and tell your husband to butt out.

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ColadhSamh · 09/10/2022 07:13

I would be concerned about the legal aspect of her having occupancy of the house and what 'rights' she and her family may be accruing. Has she explained what the delay is and when she expects it to be resolved? Time to get tough and get it sorted. I would also be concerned about agreeing for her to pay rent, best avoided as that will only cause other difficulties.

If you are worried about damaging your relationship she has already done that by her selfish actions to date. If she cared about you and your family she would have sorted it by now.

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NeedToKnow101 · 09/10/2022 07:16

I have been in this situation. My sibling and I anticipated that I would live in my mum's place when my mum first died. He suggested I pay around half market rent to him in this situation.I agreed that was fair and that I would. It transpired that he moved in a few months before she died (with all his crap and clutter), then refused to pay his half of the rent to me after she died. Came up with all sorts of excuses as to why it wasn't fair for him to pay. He brought loads of old furniture in and had piles of stuff everwhere.

He eventually bought me out, at less than market value, 2 years after my mum died. We did put the flat on the market beforehand but it wasn't looking it's best with all his stuff everywhere, lowering its appeal to potential buyers. He simply refused to sell to one potential buyer. It was such a stressful time and I lost tens of thousands while he gained thousands. My son has lost out financially because of this. I have no relationship with my brother anymore.

I think a solicitors letter at the beginning might have helped him realise he was being unfair. I suggested mediation but he refused. You can apply legally to force a sale, but firstly you could just try a solicitor's letter. Google forcing a sale on jointly owned property.

Oh, unless you have transferred ownership to you both, the flat currently still is owned by the Estate, of which you have inherited half. It's only when ownership is transferred to one or both of you, that the process is finalised.

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Tomhardyshadabath · 09/10/2022 07:18

My brother and I were in a similar situation but I was the one living in the property. I was going through a divorce at the time and bought him out after eight months. I was very, very aware during those months that he wasn't benefitting from his inheritance and kept offering to pay rent (which he refused). My point is that you're not being at all unreasonable. Your sister has also been foolish not to buy you out earlier because she'll get a much worse mortgage rate offer now than she would have done a year ago. I would give them a deadline for the end of January for completing the whole process. Good luck.

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NeedToKnow101 · 09/10/2022 07:18

^^ sorry for such a long post. I am clearly bitter about the whole experience.

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LoopyGremlin · 09/10/2022 07:32

I can't believe the number of people who think this is fine. Either she pays half the market rent or else the property is sold. Fair enough if it had only been a month or two, but coming up for two years is a long time. Plus, the housing market is cooling. The house might have been sold for more if it had been put up for sale even 6 months ago. That's unfair on the op.

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yerdaindicatesonbends · 09/10/2022 07:33

Does she pay half on bills? Because that’s all I would expect as she jointly owns the property. You remarked that she could have bought a house prior but didn’t. Well you did, it’s your mortgage, not hers so why would you expect someone else to pay that?

And so if you got her to help pay your mortgage I’m assuming you’d give it back once sale etc was through? Now don’t get me wrong depending on relationship it could be totally in the norm to ask for help or for a sibling to offer, but this post sounds like you could be harbouring some resentment which could be an indicator of the type of relationship you have.

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yerdaindicatesonbends · 09/10/2022 07:36

Ok nvm scratch that I read wrong and thought you were all living together. So she’s living there and you’re still in your property? Yeah she should then be giving you half the rental market amount. Does she know what your plan is?

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MiniCooperLover · 09/10/2022 07:45

Why haven't they bought you put? My DH and SIL had a similar issue on owning MIL's house. She wanted to keep it but he didn't so they rented it out and he got the rent each month until she was ready to buy him out.

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whowhatwerewhy · 09/10/2022 07:46

You need to force the sale .
Speak to a solicitor if needed.

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Beautiful3 · 09/10/2022 08:04

You cannot charge them rent. You could rent one of the rooms out, or force them to sell the house, or buy your half out?

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Paq · 09/10/2022 08:07

YANBU. She's taking the piss. Crack on with a sale. Take photos of the house's condition. Deduct a fair price of 18 months rent from her share of proceeds, less any savings you have made because she is covering council tax, utilities etc.

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Bettyfromlondon · 09/10/2022 08:08

I think you should have posted this in Legal Matters instead of AIBU and got more wheat and less chaff in the replies!
Some posters have given excellent advice and with your own housing and living costs rising substantially in the near future you really need to tackle this situation with your sibling as a matter of urgency. It will be uncomfortable but your first duty is to your own family. Good luck!

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Willbe2under2 · 09/10/2022 08:12

Relocatiorelocation · 09/10/2022 07:10

Careful what you should for op.
The house is costing you nothing at the moment. We're it empty you'd need.yo pay half the council tax, half the insurance, half the utilities etc until it sold. Plus of course half of any maintenance.
Perhaps better to be happy with your sibling living there and tell your husband to butt out.

Except she could then sell it and get her inheritance 🤔

Honestly, mumsnet is batshit sometimes.

OP - YADNBU, no advice for you though.

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NeedToKnow101 · 09/10/2022 08:25

Beautiful3 · 09/10/2022 08:04

You cannot charge them rent. You could rent one of the rooms out, or force them to sell the house, or buy your half out?

Yes she can charge them rent on the half of the property she owns!

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minou123 · 09/10/2022 08:56

Sugarplumfairy65 · 09/10/2022 06:59

The sibling can legally be charged rent on half of the property

I put my hands up I was wrong 😁

I agree with other posters the Op now needs to put her foot down and say you either buy me our by x date, or we are selling the house.

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TooHotToTangoToo · 09/10/2022 08:57

I actually do think they should be paying you something as they are using 'your half' of the property. You are gaining nothing from the house, whereas your subliming is living rent free, in a house they only own half of.

You need to sit down and discuss options, they buy you out, they pay rent or you sell.

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MadeForThis · 09/10/2022 09:07

Put the house on the market. Or she will stay there forever. Why buy you out when she can live there for free?

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