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Will my partner be a landlord?

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Author Topic: Will my partner be a landlord?  (Read 89 times)
Newbie
Posts: 1

I like property

« on: September 27, 2021, 02:51:12 PM »

Hi everyone,

This is my first post. I've searched the forum and can't seem to find this kind of thing being answered already.

My partner's parents split up years ago and both parents stayed on the mortgage for their house until now. For whatever reason, they've now decided to transfer the deeds to their children (my partner and her sister). The intention is that their mother will remain living in the house (the dad hasn't lived there for years). The TR1 has come in the post for my partner to sign. It says the property will be transferred to them and "they are to hold the property on trust for themselves as tenants in common in equal shares."

My understanding is that if my partner and her sister became the owners of the house, this would make my partner and her sister landlords, regardless of the fact that they don't intend to charge their mother any rent.

A complicating factor is that this has been arrived at via civil court proceedings between the mother and father. But I'd have thought that the court documents wouldn't stipulate/clarify whether or not my partner and her sister would have the legal obligations of landlords (such as smoke alarms, carbon monoxide detectors, gas safety checks, etc).

It's a bit of a weird one, I know. Just wondering if anyone has come across this and can advise at all - would they be landlords or not?

I suspect we'll end up needing to engage a solicitor.

Thanks in advance for any thoughts!
Accidental Landlord
Jr. Member
Posts: 99

Just trying my best

« Reply #1 on: October 01, 2021, 02:14:35 PM »

I came across something similar (if not the same) years ago when my parents divorced (you mean her parents are actually divorced right and not just separated/split up?). My mother thought it best to transfer the deeds to us children as well but her solicitor at the time advised her against it mainly because it meant that any time in the future us children could effectively turf her out of her home. Of course it would never happen but from the solicitor's point of view, it's a legal possibility he could not ignore in the best interest of his client, our mother. So it was not done. In your partner and her sister's situation, something tells me that they will not be Landlords as such in the usual way as you describe. They will not be giving their mother a tenancy - of course one can still be a tenant without a tenancy agreement but there has to be a difference in their situation to the usual set of rules that makes them Landlords. Would gov.uk have any info otherwise the best course of action is to seek the advice of a solicitor as you say. Let us know how it goes please, as I'd be very interested to know, if you wish to share.
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