Does anyone know if/how I can rent my mums home and pay the rent that I pay to my current landlord to her instead? Dad Died recently. She is in a care home with assetts at the moment. hopefully they will last a few years. I don't really want to rent it out to total stangers. Her wish, my Dads wish, my brothers wish, her brothers wish is that I rent it to me! Unfortuantley it never occurred to them to make wills/put this into writing.If we needed to sell to pay for her I would leave instantly.
wanting to rent my mums home although I am her deputy.
- Thread starter mickeym
- Start date
I think that so long as you are paying the market rate for rental on your mums home and are paying this money into her account so that you are therefore not benefiting from being a deputy they will be OK with it. The best thing, though, might be to phone them up, or send them an email, and ask them.
hell @mickeyplum
and welcome
as you are Deputy for your mum, I think you need to check this with the OPG/COP
you sound prepared to pay a fair market rate and, of course, pay all the bills, so I doubt there would be a problem, but as a Deputy you must be seen to not be gaining any benefit from your role, so best to be upfront with the authorities
and welcome
as you are Deputy for your mum, I think you need to check this with the OPG/COP
you sound prepared to pay a fair market rate and, of course, pay all the bills, so I doubt there would be a problem, but as a Deputy you must be seen to not be gaining any benefit from your role, so best to be upfront with the authorities
I think others know the legal and practical position better than me.
I would say, be prepared to act quickly as assets run down. Care home fees may not stay the same - for instance if a higher level of care is needed or the care home put the costs up and this may go through assets quicker than you imagine. From what you have said, the house might need to be sold if other assets were spent. Future planning is a nightmare with dementia related things so you may want to think about how this would affect you if you rent the house.
I would say, be prepared to act quickly as assets run down. Care home fees may not stay the same - for instance if a higher level of care is needed or the care home put the costs up and this may go through assets quicker than you imagine. From what you have said, the house might need to be sold if other assets were spent. Future planning is a nightmare with dementia related things so you may want to think about how this would affect you if you rent the house.
The COP should not object as long as you pay a fair market price, contract and HMRC involvement will have to be the same as renting to A N Other.
A trustee will have to be appointed to act on your mum's behalf to protect her interests, you can't act as both yourself and deputy for mum in the transaction.
A trustee will have to be appointed to act on your mum's behalf to protect her interests, you can't act as both yourself and deputy for mum in the transaction.
Maybe not, a >>>DPA<<< could be the way to go.
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Tks for everyones response. I am applying through a solicitor who has experience in this field. I have to make an application to rent from mum because of the conflict of interest.
Now I have to sort the insurance of her house. I wanted to just carry on with the same insurance policy as I am 'camping there now - to fulfill current insurance stipulations - but cannot just get same cover as Dad had put the insurance in his name only. I believe I sent them the original copy of the Deputyship order but they wanted to speak to mum even though I said she lacks capacity. I am looking for anothe insurerer who maybe has more experience in deputyships and would welcome any advice.
Now I have to sort the insurance of her house. I wanted to just carry on with the same insurance policy as I am 'camping there now - to fulfill current insurance stipulations - but cannot just get same cover as Dad had put the insurance in his name only. I believe I sent them the original copy of the Deputyship order but they wanted to speak to mum even though I said she lacks capacity. I am looking for anothe insurerer who maybe has more experience in deputyships and would welcome any advice.
