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cityguru, Solicitor
Category: Family Law
Satisfied Customers: 13329
Experience:  30 yrs experience
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should there be a tenancy agreement when renting to family

Customer Question

should there be a tenancy agreement when renting to family?
Submitted: 4 years ago.
Category: Family Law
Expert:  Jo C. replied 4 years ago.
-Could you explain your situation a little more?

Customer: replied 4 years ago.

house left in will to 5 beneficiaries, all brothers, 2 of whom are also executors. executor A agreed that exectutor B could purchase house in the future - a contentious issue but not really relevant here! - and rent tor the time being. firstly he decided the rent paid should be around £200 per month less than the market rate, without consulting any of the beneficiaries, but there is no agreement in place detailing how much rent is to be paid/ how/ when/ to who, or who is responsible for maintenance/ bills etc. the excutors believe there is no need for a tenancy agreement as it is between family

Expert:  Jo C. replied 4 years ago.
Sorry, didnt recognise this.

I'll opt out.
Customer: replied 4 years ago.

what don't you recognise? this is the third time I have asked a simple question that you have been unable to answer! all I want to know is whether there is a requirement for a tenancy agreement when property is let by one member of the family to another

Customer: replied 4 years ago.
Relist: Answer quality.
Expert:  cityguru replied 4 years ago.
Of course there should be a tenancy agreement. The executors have no right to let the property without the consent of all the beneficiaries and parting with possession without a tenancy agreement at under market value is a breach of duty by the executors unless all the beneficiaries agree. The beneficiaries could go to court to have get an order for sale of the property and could probably have the executors removed . The executors role is to implement the terms of the will and that is all