Posted by
mpeace
11 yrs ago
A friend of mine has two brothers. Her mother left a flat as estate to her two brothers. Her two brothers already finished the process of changing the deed to a co-ownership deed. One of her brothers is the current tenant in this flat. However, another brother wants to renovate and rent out his part of the flat. This may cause nuisances to her brother who is the current tenant of this flat.
Question: Is it legal for one of the co-owners in a co-ownership deed to rent out part of a flat?
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Seems to me like the brother living in the flat is paying low rent and therefore the other brother is receiving lower monthly rental for his part of the property. It does look like the brother renting the unit is getting an unfair advantage over the other.
If they don't plan to sell the property (and split the proceeds), it's better to rent it out to a third party and get the market rental value to be more fair.
It's always more complicated when family members are involved.
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I agree with punter.
Unless it is being rented out to a third party, it is highly likely that the brother occupying the flat is taking an unfair advantage over the other brother - who should be talking to a lawyer if things are not remedied quickly.
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Thanks a lot for replying my thread. I strongly agree that it’s very complicated when family members are involved. The brother wants to rent out his part of property to get a fair market rental value without the consent from his brother who is the current tenant in the property. His concern is whether this is legal in a co-ownership deed.
Thanks for your advice in advance.
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How can he have access to the property (and renovate then rent it out) if the flat is occupied? The story seems incomplete...
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Both brothers have already discussed how to divide the property and both parties have the access to the property. The current tenant will only use half of the property.
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Subdivided flat? Strange arrangement.
If both have access to their own "half" of the property, both can do anything with it. If it's not a subdivided flat, what kind of arrangement will it be when two families (one brother is the current tenant and a third party renter/tenant) share one flat?
Of course, when renovations are ongoing, whoever is staying in the flat will be inconvenienced.
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Sounds like a recipie for a family fued and lawsuit to me.
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Thanks a lot for advising my question. Perhaps my friend needs to do something to prevent her brothers to get into the lawsuit trouble.
Have a great day!
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