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Legal matters

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My dh's old house

8 replies

Mydhshouse · 07/05/2019 15:10

Before I met dh he lived with his dps. They split and he bought their house so mil could pay off her debts. I think he got it cheaper than value due to her wanting the cash quick and him not having a big deposit.
When we met and married dh moved to my area. Verbal agreement his dps could live in the house. Divorced but still friends.

We went nc about 5 years ago but let them stay in the house. Dh blocked all ways of contact as he was getting nasty emails from mil's friends!!
They have no contract /tenancy and pay just enough to cover mortgage payment. Dh upped the amount when his payment went up in Jan.
Email today in Spam somehow saying they want a proper tenancy as have spent nearly 6k on the house and a reminder (?!) fil still owns a share even if he isn't on the deeds (wtaf?)
Awaiting a solicitor's call but dh is in bits.
As they have no contract /tenancy can he give them notice to quit?
Any ideas legal folk??.
Regards.

OP posts:
Hiphopopotamous · 07/05/2019 15:23

Very iffy ground if they've been "renting" it without a rental agreement in place, presumably DH has not kept up to date with requirements of landlord if he is NC, and is he declaring the rental income?
Too complicated, needs proper solicitor.

WeeDangerousSpike · 07/05/2019 15:27

Ahh. If he's having any money off them at all then I'm fairly sure they are quite likely to have a shorthold tenancy. Please don't say he took a deposit from them??

He might be in a bit of difficulty - he should be doing things like having the boiler checked out every year etc etc.

He definitely needs a solicitor. Sorry.

MrsArchchancellorRidcully · 07/05/2019 16:32

HMRC will also be very interested if he's not declared rental income and costs.

Get a solicitor that also looks at tax work.

Singlenotsingle · 07/05/2019 16:39

If the DP's only pay enough to cover the mortgage each month, DH isnt making any taxable profit, is he? And why does FIL think he still owns a share if DH bought it?

Hoppinggreen · 07/05/2019 16:43

It’s not just a simple as not paying tax because you don’t make a profit on rental property, there are all sorts of laws around renting and the money you get from it.
OP’s DH could find himself in trouble if he hasn’t done it All properly. Tenants ( if that’s what they are) have rights and just because they are family it doesn’t mean they dont have them
Sorry OP, this could be a right can of worms

Innernutshell · 07/05/2019 16:45

Money paid by FIL will still be considered earnings single and therefore added to his salary for tax purposes.

littlebillie · 07/05/2019 16:47

You need an accountant and solicitor -not advice off here

Sargass0 · 07/05/2019 18:13

They do have a tenancy - regardless of whether they have anything in writing.
They will be assured shorthold tenants if they
1)have exclusive possession of the property
2) Dont have a landlord that lives with them
3) Pay rent for a term (eg monthly) as long as it is less than 100k pa and more than £250 per year if outside london)
so you will need to serve notice and obtain a court order to evict them

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