Clarification on AST with our own son and his friend ?

Clarification on AST with our own son and his friend ?

9:16 AM, 26th February 2024, About 2 months ago 21

Text Size

Dear landlords,

We have a buy-to-let property with two decent-sized bedrooms in London where our son goes to University. He is currently living in the university’s hall of residence but would like to live and share with his friend in our own buy-to-let property from the next academic year onwards.

Can we ask the two young men to contract an Assured Shorthold Tenancy Agreement just like any other tenants? NB: both young men are financially supported by their parents, i.e. parents of both young men will be paying for their son’s respective (50-50) share of rent. We will be using our own savings to create our own taxable rental income (!).

The father of our son’s friend has written to me recently suggesting his son is a good friend of ours, surely both young men don’t have to contract an AST with me, instead, he suggests we just sign a simple agreement between parents based on agreed rent, as friends (we have met once briefly).

Please advise whether the proposed casual arrangement is sensible; is there any pitfall in the suggested casual arrangement? What would be the best way to go about letting the property to the young men to share together?

Thank you and looking forward to any comments/suggestions.

Best wishes,
XM


Share This Article


Comments

Graham Bowcock

10:02 AM, 26th February 2024, About 2 months ago

Why on earth would the other parent suggest a "simple agreement"?

Letting a property has some complexity to it and you must do it properly.

How many stories on here start "I let my friend into a house....."?

Stick to your guns and do it properly as you would for any other letting. That way you can do full compliance, including right to rent checks.

You ask is there any pitfall to the casual arrangement - well there is. It's massive!

GlanACC

10:40 AM, 26th February 2024, About 2 months ago

Oh dear, NEVER rent to friends and family - did you not see the recent episodes of Nightmare Tenants, Slum Landlords. .. and as for not using a proper AST ! .. having said that if it was your sons property he could use the rent a room scheme which could use a simpler agreement.

SteveFowkes

10:53 AM, 26th February 2024, About 2 months ago

Lots of ppl do this ( we're considering it for our son if/when he goes to Uni) and we can potentially rent it out to students when he finishes his studies

HOWEVER - you must have a proper AST in place, with parents ( home or owners only) as guarantors

All landlord legislation /compliance must be adhered to.

Oh and make sure the tenancy doesn't become an accidental HMO

Good luck

Martin Thomas

10:55 AM, 26th February 2024, About 2 months ago

Reply to the comment left by GlanACC at 26/02/2024 - 10:40
Plus, your son could receive up to £7,500 tax free every year under the Rent a Room scheme.

GlanACC

10:58 AM, 26th February 2024, About 2 months ago

Reply to the comment left by SteveFowkes at 26/02/2024 - 10:53
I did that BUT, If the parents still own the property and the son lives in it rent free then there could be tax implications unless the parents pay a market rent - having said that, we gifted our son a regular amount each month (all to do with inheritance tax, which is allowable - tax free, but you do need to record that you are doing it - we told our accountant who made a note) -

Xiaolei

11:10 AM, 26th February 2024, About 2 months ago

Reply to the comment left by Graham Bowcock at 26/02/2024 - 10:02
Thank you, Graham, for the wake-up call.

We will heed your advice assuming contract AST with one's own son, as one of the tenants, is perfectly normal albeit we will pay (from our after tax income) our son's share of rent. It feels like contract with ourselves.

Best wishes

Xiaolei

11:20 AM, 26th February 2024, About 2 months ago

Reply to the comment left by GlanACC at 26/02/2024 - 10:40
Thank you.

We own the flat, not our son. Sounds like rent-a-room won't work? If not, any other sensible way besides AST ? As things stand, we will pay our son's share of rent, turning our after tax income into a taxable rental income...

NewYorkie

11:35 AM, 26th February 2024, About 2 months ago

Reply to the comment left by GlanACC at 26/02/2024 - 10:58
Making 'regular' payments to a family member is acceptable for IHT purposes. The payments don't need to be the same amount or on the same date, or even every month, but just need to be seen as 'regular'. This simply requires a record of such payments, should the taxman come calling.

I do it for my daughter from a separate bank account.

GlanACC

12:09 PM, 26th February 2024, About 2 months ago

Reply to the comment left by Xiaolei at 26/02/2024 - 11:20
The Rent a Room scheme is open to owner occupiers or tenants who let out furnished accommodation to a lodger in their main home.

It allows you to earn up to £7,500 a year tax-free, or £3,750 if you’re letting jointly.

You don’t have to be a homeowner to take advantage of the scheme. If you’re renting you can also let out a room to a lodger, as long as your own lease allows you to do so

Xiaolei

12:59 PM, 26th February 2024, About 2 months ago

Reply to the comment left by GlanACC at 26/02/2024 - 12:09
Thank you so much for shedding the light on Rent a Room. We will contract AST with our son allowing sublet, he can then share the property with his friend as a lodger.

I've also just watched a few clips of Nightmare Tenants, Slum Landlords.. very depressing but really necessary in this instance. I don't normally have the nerves to watch programmes of this nature. Thank you for referring me to them.

1 2 3

Leave Comments

In order to post comments you will need to Sign In or Sign Up for a FREE Membership

or

Don't have an account? Sign Up

Landlord Tax Planning Book Now