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Where Taxpayers and Advisers Meet

joint tenant death right to survivor ship

cv65user
Posts:8
Joined:Wed Mar 29, 2017 10:35 pm
joint tenant death right to survivor ship

Postby cv65user » Tue Apr 06, 2021 1:29 pm

If BTL house (no mortgage) is owned by Father and Son as joint tenants, Father dies without will. House goes to Son as sole owner right regardless of rules of intestacy?
I am getting conflicting information it goes to mother.

Can rental income rental income still go to mother to declare SA if mother is not on deeds?
Again, I am getting conflicting information you can be a landlord without owning the property.
I am aware form 17 (form 17 beneficial interest) would not apply as its for joint tenants for couples only

AGoodman
Posts:1213
Joined:Fri May 16, 2014 3:47 pm

Re: joint tenant death right to survivor ship

Postby AGoodman » Thu Apr 08, 2021 10:16 am

Correct - a property owned as joint tenants vests in the survivor automatically on death. I assume you know the difference between joint tenants and tenants in common and are confident that it was not owned as tenants in common.

The rental income belongs to the Son?

Son could (in theory) grant mother a rent free tenancy allowing her to rent out the property. This could be caught by the anti-avoidance "settlements" legislation but somebody would have to spend some time thinking about that.

cv65user
Posts:8
Joined:Wed Mar 29, 2017 10:35 pm

Re: joint tenant death right to survivor ship

Postby cv65user » Thu Apr 08, 2021 5:36 pm

Cheers AGoodman, Pleased to hear from you again and thank you again!

Yes I understand the difference between joint tenants and tenants in common after a big learning curve reading the Deeds

With the above cleared up, With Son as Sole owner I believe rental income can only currently go to the Son. But the current accountant seemed to think widowed Mother was a substitute for Father rental income but did not say what leg work needs to happen which made me ask the question. Reading in between the lines I can only assume if the BTL equity was changed to tenants in common (which leads me to ask how much can be given away without triggering CGT, SDLT?) so a percentage of equity could be gifted and then a percentage of the Rental income can be submitted via a form 17 + trust deed.


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