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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12188
Experience:  30 years as a practising solicitor.
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My mother has just recently moved into a care home in Yorkshire

Customer Question

My mother has just recently moved into a care home in Yorkshire where my sister works. My mother's house is hers and is in Scotland. My sister and I have joint power of attorney . Our cousin would like to rent the house. This would be great as far as we are concerned as neither of us live near by and the house would not be lying empty and our cousin maintain it. Neither my sister have been in the position before - what are the basic steps we have to take, bearing in mind that the house is in Scotland? I should add that my Mum is concerned that the house should not be be empty long.
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you question. I am a Scottish lawyer and practice in the field of property rentals, amongst other things.
Your mother, via you and your sister as her attorneys, should enter into a short assured tenancy with your cousin. That is a lease which has to be months or more and you would provide which would be used mothers benefit. Special forms, such as an AT5, are signed and served at the same time as the lease is entered into so as to set up the tenancy as a short assured tenancy. You will have to keep the house insured and would be responsible that the house is in a reasonable standard of repair (called the repairing standard).
The most important thing is to ensure that the lease documentation is correct, ie, you have a proper short assured tenancy lease and an AT5. If you need these I can let you have styles at an additional cost. Or you can instruct an agent to draft them .
Happy to discuss any specific points further.
I hope this helps. Please leave a positive response so that I am credited time.