Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie

Renting to a family member

  • 17-05-2025 06:40PM
    #1
    Moderators, Science, Health & Environment Moderators Posts: 6,391 Mod ✭✭✭✭


    I recently inherited a property that I half own with my sister. She lives there and is planning to do so for the foreseeable.

    How would you suggest we set up the arrangements for renting and how would you suggest to approach any sort of discount for her as a family member, or does that get into tax complications?

    All advice appreciated.



«1

Comments

  • Registered Users, Registered Users 2 Posts: 4,438 ✭✭✭arctictree


    Why would she be paying rent to live in her own house? IMO, she should either buy your half out (ie get a mortgage) or sell the house. Or just leave things as is....



  • Registered Users, Registered Users 2 Posts: 1,375 ✭✭✭black & white


    In answer to your question, there may well be tax implications if you give her a reduced rate depending on the amount. Whatever you decide and no matter how well you get on, I’d put the agreement in writing. I’m no tax expert so I’d let others advise on details.



  • Registered Users, Registered Users 2 Posts: 4,177 ✭✭✭3DataModem


    This is common enough, but can easily run into problems, especially with house maintenance and improvements.

    Eventually she's going to say something like "The house needs underfloor heating let's share the cost of 5k" and you'll disagree. She's not fully a tenant or an owner, so there's no easy answer to how to handle this.

    A lot depends on how long "forseeable" is. If it's a year or two, fine, agree a trivial amount and off you go.

    If it's 5+ years then she really should look at buying you out, otherwise

    • she won't be able to make substantial improvements or changes (or she pays in full and accepts when the house is sold you get half the upgrade value)
    • you'll eventually have a problem when there's a serious maintenance issue.

    In your shoes I'd agree something simple like this; lets say market rent is 3k per month. So half that is 1500 per month. I'd tell her I'll accept 750 per month but she carries all costs, all maintenance issues, and all upgrade works.

    The minute she sublets or moves someone else in, you move to market rakes, or sell.



  • Registered Users, Registered Users 2 Posts: 2,065 ✭✭✭JVince


    Value the house. Use the lowest valuation.

    Then an option is for her to buy you out at that valuation over a period of time with your percentage reducing in line with the amount paid.

    Eg, valuation 240k, your half is 120k, she pays 1.5% interest over 15 years for your half at €750 a month.

    You then put an extra 1200 a month from your gross salary into your pension and assuming you are on high rate tax, it's a win all round as your net income remains about the same.



  • Registered Users, Registered Users 2 Posts: 1,470 ✭✭✭halkar


    If you agree with your sister and she has the ability to get mortgage she should just buy your half. It will happen one day anyway. No need to spend next 5-10 years with what ifs.



  • Advertisement
  • Moderators, Science, Health & Environment Moderators Posts: 6,391 Mod ✭✭✭✭Macha


    Because I now own half of the house she's living in.



  • Moderators, Science, Health & Environment Moderators Posts: 6,391 Mod ✭✭✭✭Macha


    Brilliant, thanks all. Very helpful advice!



  • Registered Users, Registered Users 2 Posts: 3,835 ✭✭✭C3PO




  • Registered Users, Registered Users 2 Posts: 1,275 ✭✭✭SupaCat95


    Renting to a family member is bad business. Sister should get a mortgage for her half and all the responsibility is on her. Best advice : Consult a proper Lawyer/Accountant/Tax consultant. Paying for proper advice, quickly, will save you a fortune in the long run and you will have better family relations going forward.



  • Registered Users, Registered Users 2 Posts: 23,414 ✭✭✭✭ted1


    that’s a terrible idea. If she buys home out she needs to do it with a lump sum.



  • Advertisement
  • Administrators, Society & Culture Moderators Posts: 15,860 Admin ✭✭✭✭✭Big Bag of Chips


    You also own half, it's your decision whether or not you live in it. She shouldn't have to pay rent to live in a house she owns. You are both going to end up selling eventually, either to the other one or someone completely different. It's time to start talking about selling and her moving to her own place, or her buying you out.



  • Moderators, Politics Moderators Posts: 43,349 Mod ✭✭✭✭Seth Brundle


    What happens if she decides not to pay rent?



  • Site Banned Posts: 12,922 ✭✭✭✭suvigirl


    Who would pay rent to live in their own home? Doesn't make sense and it will cause some serious issues I reckon. Best advice here was she should buy you out or you both sell up



  • Registered Users, Registered Users 2 Posts: 5,722 ✭✭✭Buddy Bubs


    I'd have a hard time being a tenant in a house I felt I was the owner of

    Good few things that could cause arguments here....decorating, renovating, repairs and maintenance, succession for both of you when you are towards end of life yourselves.

    I'd try get her to buy you out or sell altogether.



  • Registered Users, Registered Users 2 Posts: 1,867 ✭✭✭dennyk


    If your sister is a co-owner of the property, then it is her property and she is entitled to use it as she sees fit, as are you. Both of you have the right to full possession and use of the property and neither of you can exclude the other from it. She is under no obligation to pay you rent in order to use the property (nor are you obligated to pay her rent should you decide to use it).



  • Registered Users, Registered Users 2 Posts: 4,694 ✭✭✭JeffKenna


    I don't think you can legally charge rent to someone who co-owns a property. Joint owners each have a legal right to possess the entire property.

    If your sister wants the full use of the property without you in it then you could charge her a sole occupancy charge but I'm not sure can you if it's your choice not to occupy the property.



  • Registered Users, Registered Users 2 Posts: 4,177 ✭✭✭3DataModem


    That's a fair point.

    However it is also 'legally' possible for a joint owner to force a sale.



  • Registered Users, Registered Users 2 Posts: 26,632 ✭✭✭✭Mrs OBumble


    It may not be legally enforceable, but I'm sure it's possible if mutually agreed.

    A buy out would be best, along with specialist tax planning advice. But it's not essential if the siblings can come to an agreement which includes the costs of insurance, maintenance and LPT.



  • Registered Users, Registered Users 2 Posts: 1,275 ✭✭✭SupaCat95


    Stupid Will. The will was written by very naive or very malicious people. A will should not try and tie someone to something indefinitely or force someone into a relationship or business agreement with no get out clause. Its not fair on either party, it does not take into account for human relations or unforeseen circumstances.

    This happy clappy 1960's Eire where we all live at home on the farm and never grow up and get the jobs teaching, civil service, creamery and a couple of them for the church is still being written by some people. My parents tied the family grave to the deeds of the house (the owner of the house has use of the family grave) FFS!!!! Luckily this can be removed.



  • Registered Users, Registered Users 2 Posts: 1,275 ✭✭✭SupaCat95


    Another example of stupid wills with unforeseen human condition. A will written by someone with no understanding of people or wanting to tie people into business relationship unnecessarily.



  • Advertisement
  • Registered Users, Registered Users 2 Posts: 992 ✭✭✭lordleitrim


    A parent leaving their house to all their children evenly is one of the most common forms of will instructions. Same with childless aunts or uncles to nieces and nephews. I don't see how that is considered naive or malicious. Maybe if one child still lived at the family home or was a primary carer, then priority would be given to that child but such will bequests are common and nothing to do with the reasons you outlined. Would you think it is better that one offspring gets everything (without any justifiable reason for why they were selected) and the rest get nothing just to make things more "straightforward"?



  • Registered Users, Registered Users 2 Posts: 1,275 ✭✭✭SupaCat95


    Yes it is, and is the source of a load of heartache. It is naive to think that all people will settle amiciably without averace or greed. "I was his favourite" "you Fu*ked off to England and left us to look after him", "you never had any interest in the farm until he was at deaths door". This is the human aspect of it. It should be "the farm should be sold immediately upon my death and the proceedes be divided among my nephews Huey, Dewy and Louis", no argument. Then you have dreamers who wont sell their share and wont be given loans by the bank, chancers who want to live in the house for free. Long complex wills are the arguement points of many families. Then you have wills where the deeds have fallen behind for generations.

    Oh and you do have the malicious Uncle who leaves no will or constructs a will with an asset that has to be shared with two contentious people, marrying them to each other for many years. My uncle left no will and a farm. It caused great vexation between my father and his brother in law. Stupid people who dont have the patience to let the courts work their way through the paperwork. I never said one offspring should get everything but since you bring it up, a farm is its own entity and the practice of sub dividing farms for 3 of 4 generations has lead to great tragedy and was part of the architecture of the Penal laws where the sons had to get an equal part of the farm. Farms dont work like that. There are very complex plans for inheritances, like planning which child will take over, when the parent will relinquish control of the farm, herd number, taxations ……. its complex. This rubbish of 5 kids waiting on Dad in their 40's to die and it to be left to the mother is nonsense and poor planning.



  • Registered Users, Registered Users 2 Posts: 2,065 ✭✭✭JVince


    Why is it a bad idea?

    Simple legal agreement similar to a mortgage and a favourable interest rate.

    Allows the op to gain further via increased pension contributions which would be tax advantageous, sister eventually owns the house.

    Everyone wins.

    A deal where everyone gets a good deal is a deal that is usually adhered to.

    Frankly, assuming the op gets on well with their sister, the idea is superb and something a financial or legal advisor could set up quite easily.



  • Registered Users, Registered Users 2 Posts: 1,275 ✭✭✭SupaCat95


    There are a lot of assumptions there. First the OP gets on with their sister. Second the sister may come to resent her sibling because she has become her banker. There are no human factors counted in. Then what happens if either sibling dies, does the debt die with them. What if through no fault of her own, the sister loses her job, what about arrears? I certainly would like to be the behest to my sisters, not because they are bad people just human nature. This could get very messy especially if there is a second generation involved. The first objective should be peace in the family, this could potentially cause conflict.

    Does anyone know that Jameson and Tullamore Dew have halted production for three months? What does that tell you?



  • Registered Users, Registered Users 2 Posts: 3,078 ✭✭✭endofrainbow


    What if the sister can't afford to buy their sibling out, or doesn't qualify for a mortgage?



  • Registered Users, Registered Users 2 Posts: 5,072 ✭✭✭jackboy


    That would be a good reason to sell the house then and split the money.



  • Site Banned Posts: 12,922 ✭✭✭✭suvigirl




  • Registered Users, Registered Users 2 Posts: 26,632 ✭✭✭✭Mrs OBumble


    And the sister moves into one of the rental properties that are in abundant supply around the country?



  • Site Banned Posts: 12,922 ✭✭✭✭suvigirl


    Well she's hardly going to pay rent to live in her own house



  • Advertisement
  • Registered Users, Registered Users 2 Posts: 9,201 ✭✭✭Ray Palmer


    There are really 3 choices

    1. Sell and split the money
    2. The OP rents out the property to a stranger/s that shares with the sister
    3. The sister pays rent for half the house she doesn't own

    The sister would never be paying rent to live in her own house as she doesn't own it she only owns half. The sister is not entitled to have half of the house for free use just because she owns half. The brother is entitled to his half or the income from it.



Advertisement