Live in Landlord – Job offer abroad?

by Readers Question

9:46 AM, 3rd November 2020
About 4 weeks ago

Live in Landlord – Job offer abroad?

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Live in Landlord – Job offer abroad?

Hi everyone. This is probably going to sound silly even as I write it but here goes. I’m a live in landlord who has been offered a job abroad for a few months.

Accepting this job would mean me having to get a residency permit in that country for the duration of my stay (thanks Brexit!) – and thus presumably being considered a resident there. Does anyone know if this is possible in the eyes of UK law?

I don’t want to accidentally create a tenancy/ HMO situation and wouldn’t be moving permanently (keep my room free, leave all my belongings there, have all my mail and bills go there, remain the sole bill + council tax payer etc.)

I know about the 6 month rule, but was wondering whether there was any flexibility on this, given the incredibly rubish times we’re living through.

Many thanks

Sophie


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Comments

Graham Bowcock

9:36 AM, 4th November 2020
About 4 weeks ago

If you're not resident then anyone occupying your property would be a tenant. I've seen people trying to claim they are a live-in landlord before, but it's normally just a sham if they are in practical terms living elsewhere. You currently have lodgers (or licensees), not tenants. Sounds like you'd be best looking at letting the property on a formal basis.

From a tax point of view you would be a non-resident landlord and would need to be in the NRL scheme.

Richie

10:42 AM, 4th November 2020
About 4 weeks ago

Reply to the comment left by Graham Bowcock at 04/11/2020 - 09:36
Could you not return home occasionally say every 2/3 weeks. Much the same as being on holiday? Could not see a problem when I was away for holiday 4 weeks returned and then two weeks away.

Graham Bowcock

10:49 AM, 4th November 2020
About 4 weeks ago

Reply to the comment left by Richie at 04/11/2020 - 10:42
If she's living abroad (she said she has to apply for residency) then this seems unlikely to work. Just telling an occupier that the landlord lives in the house is unlikely to stop a tenancy being created when push comes to shove!

David

12:49 PM, 4th November 2020
About 4 weeks ago

You could do a room only AST, which would at least allow you to return to your home when you get back to the UK. You would need to continue to pay the Council Tax and all the requirements of a tenancy would apply - EICR, deposit protection, serving all the required docs, smoke detectors etc. You should also check the conditions of your insurance and any mortgage.

William Williams

9:01 AM, 7th November 2020
About 4 weeks ago

I would be more bothered about the tax situation. Taxable in both UK and overseas country, usually after 6 months residence, double tax treaties may or may not apply, non resident landlord tax deductions by tenants or agents unless you get an exemption off HMRC. You are in a minefield and need professional advice.


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