Power Of Attorney And Unclaimed Rent

[whiskychick]

I am the owner of a property in which an elderly relative has resided, rent free, for a number of years. I also have power of attorney. He has recently moved into a residential home, and as he has substantial savings must pay for his care. Am I entitled to claim backdated rent on my property, or will the local council receive the majority of his savings for his future care.

[Islay]

I would say not as you should have had a rent agreement in place. I may of course be wrong.

[woofgang]

I suspect that any attempt by you to do this will result in the action being adjudged as deliberate deprivation. As Islay says, if you had no landlord/tenant agreement in place then you have probably missed the boat.

[Peter Pedant]

oh dear
I think the horse has bolted to be honest
you both know it was rent free
and suddenly ( today ) it isnt !

even worse - there used to be a CGT concession on property lived in by a dependent rel
which we took advantage of when my mother died 1994
but you can see why you can't

"There is a longstanding tax concession where property freely rented to a dependent relative can be exempted from capital gains tax when you come to sell it.
But this applies only to property that you owned, and was occupied by the relative, before April 6, 1988. If these conditions are not met, the property is taxed like any second home or buy-to-let investment."


sorry - I think you are stuck

[whiskychick]

Thank you everyone for the information.