sexy wrx69

Am needing info from either a solicitor or just anyone who has been in this situation pleeeeaaaasssse:

basically myself and blokey rent my sisters house out while shes off in Australia for 6 months. We now want to move out and rent her house out to other people for 6 months or so. I understand that we need to get power of attorney (either us or my parents) in order to rent out her house.

with her being in australia how do we go about getting it???

do we need to get her to a solicitors in oz to sign it over...or is there an easier way???

any help is appreciated so a big thanks in advance peeps!!!!

rogp

I will try to find out for you. I work for a firm of solicitors!

sexy wrx69

thanks a lot rogp!!

we really are desperate to move asap, so if theres an easier way of getting poa....we'll take that!!

Stevie

Just tell the letting agent you have a property you want to rent out and ask them to sort it.

They wont know who's name appears on the title deeds, will they?

sexy wrx69

stevie...good idea...but i dont really want to get my sister into any trouble.

so might give that idea a miss.

rogp

Right, simple EPA is Ł100 + VAT and can be filled out on the day.

I would imagine most firms charge roughly the same.

Roger

sexy wrx69

sorry rogp...what exactly do we have to do??

do we have to get my sister to sign something in Oz and then get it sent over??

[Edited by sexy wrx69 - 11/07/2003 10:24:11]

Amen Corner

Mail me as per profile and I'll send you what you need

AC

Stevie

Your sister wont get into trouble, she wont have done anything wrong

I have people look after loads of things for me that I genuinely dont have time to deal with. There is NO WAY I would give an Enduring Power of Attorney to let a property, even to a family member. Your sister is relinquishing control over all of her assets to you!!

Perhaps a POA to specifically let the property?

Or post the tenancy agreement to Oz for your sister to sign?

sexy wrx69

AC...YHM.

Stevie....i think you can just give General Power of Attorney to people so they can basically do most things with your approval...but they cant sell your house.

and my sister can revoke that power when she gets home.

Thanks guys!!

Amen Corner

An enduring power of attorney is a specific type of power that will survive even if the grantor becomes mentally incapable. You can grant a general power for specific purposes, revocable at any time and that would probably be the best thing to do.

I'll check my mail

rogp

Sorry, I should have been a little more specific. That's why I work in IT and not law!

If you still need a hand Michelle, let me know, and I'll get more detailed instructions.

Roger

sexy wrx69

thanks rogp....if you could get some more detailed instructions that would be great.

basically i have no idea how my sister (in oz) can give us general power of attorney (in uk).

oh and who is Michelle?????

Amen Corner

Suzi, YHM back

sexy wrx69

AC...thankyou!!!!!

rogp

Michelle was who I was talking to on the phone at the time! Brain can't handle too much at once obviously.

sexy wrx69

LMAO!!!

dont worry...its friday. soon the weekend will be here and the brain can switch off totally.

fast bloke

POA is a bit strong for this situation. All you need is your sister to send you a letter stating that you are her agent for the management of the property and that you can manage the property as you see fit. You can't sell it without a further signature from her anyway.


You could go for a specific POA but you both need to pay solicitors to set this up. Full POA would mean that she couldn't change her will or apply for a credit card etc without your written permission, so I would suggest that managing agent is most sensible.


p.s. - Hi Michelle

p.p.s - Rogp - bankruptcy AND free advice

stephen emery

wife solicitor it this field of some 15 years PQE.

She would not do a EPA without seeing your sister.

You can use a restricted EPA that would only cover land and building.

EPA useful if sis goes off her trolly.

You may have to do OPA every year.


The way out maybe is to make u a fully assured Tenant and then you can sub let AST

steve

[Edited by stephen emery - 11/07/2003 22:23:56]

Amen Corner

Suzi,

YHM.

An enduring POA would be way over the top for this situation, and would cause all sort of other issues, but I don't see the problem with a specific power.

FB - even if Suzi's sister were to appoint her as a managing agent for the property, she would still have to sign the lease herself because she is the owner. An agent can act on our behalf for the administration, but not for the disposition of the lease itself. With a POA Suzi would be able to sign the lease on her sister's behalf as well.

I would also be a bit careful about the fully assured tenant route. This would complicate Suzi's tax position no end because she would then be the recipient of the rental payments for income tax purposes. Sure, you would have the corresponding payments out to your sister as a deduction, but it's still an extra lot of hassle. It would also make you liable for rent under the lease even when there was no sub-tenant in there to pay you back.

Your sister needs to get comfortable with the scope of the power she is granting you (for example, who would decide whether the terms of the lease, such as the amount and the duration, were acceptable). But that can all be set out in the POA itself.

sexy wrx69

Thanks everyone. Think i will go for the general POA from AC tho

Thankyoooooouuuu!!!

ian_sadler

Does BEG know about this LOL

sexy wrx69

LOL....yes ian she does.

altho she is putting up an awkward fight.

TelBoy

Ooooh, can i watch..?

I'm still getting over the fact that AC has been useful to anyone!!

Amen Corner

sexy wrx69

thanks for everyones help.

looks like after all that, we cant move now.

Apparently its too difficult to change over mortgage, sort out someone to rent for 4/5 months, etc etc.

so looks like mine and stealths plans are well and truly fecked.

Thanks sister. Enjoy your travelling.
:@