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9:38 AM, 27th April 2020, About 4 years ago 2
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Instead of renting out the second bedroom under an AST, and where my daughter has the other bedroom, if my daughter takes in a lodger will she be treated as a private landlord and have to jump through the hoops for the new Electrical Regulations coming in to effect?
Many thanks
Judith
Editor’s Notes:
From the RLA: “If you have a lodger or you are letting out the property on a long lease (7 years or more) you are not required to have an EICR performed.”
From Citizens Advice: Click here
“A lodger is someone who lives with you in your home and shares living space with you, such as the bathroom or kitchen. They might have their ‘own’ room, but they live in your home with your permission and have agreed they don’t have the right to exclude you from their room or any part of your home.
Condition of your home
If you want to take in a lodger, you have to take steps to make sure your home is safe, and that your lodger won’t be injured because of the condition of your home.
Any furniture you provide must comply with fire safety regulations. So if you have any older furniture, you should check the labels to make sure that it is compliant.
The gas safety regulations also apply if you take in a lodger. This means that gas appliances must be checked every year by an engineer who is registered with Gas Safe..
If you’re a tenant, then your landlord should already be doing this, in which case you don’t need to do it again. If your landlord is not doing this, then you should contact them about it straightaway.
You also have to ensure that the electrical system and any electrical appliances you supply, such as kettles and toasters, are all safe to use.
Checking immigration status
If you plan to take in a lodger, you’ll have to check their immigration status before renting the room.
Checking that the lodger has a right to rent in the UK is a legal requirement for private landlords.
You’re responsible for doing the immigration check even if your landlord knows you’re taking in a lodger. You could get fined for taking in a lodger without doing an immigration check. If you take in someone you know or suspect doesn’t have the right to rent, you could get a fine or a prison sentence.
Do you need to have a written agreement?
It’s best if you and your lodger sign an agreement, so that the rights and responsibilities for each of you are clearly set out. You may be able to get a licence agreement from a legal stationer by post or online. These generally contain standard clauses which can be adapted to suit your needs.
It’s also a good idea to draw up an inventory of the furniture and fittings provided in the lodger’s room. An inventory can help prevent disputes about any deposit paid when the lodger moves out. It can be useful to take photographs to accompany the inventory to show the condition of the items.
Insurance
Renting out a room in your home can affect your home contents insurance. Your insurer might increase your premium, but if you want to be sure that your belongings are protected, it’s important to tell them. If you don’t, your insurance policy might not be valid.”
From .Gov: Click here
“Are there any rules about gas and electrical safety I need to know?
You are required by the “Gas Safety (Installation and use) Regulations 1998” to ensure that all gas appliances are maintained in good order and that an annual safety check is carried out by a recognised engineer – that is an engineer who is approved under Regulation 3 of the “Gas Safety (installations and use) Regulations 1998”. You must keep a record of the safety checks, and must usually issue it to the occupier within 28 days of each annual check. The occupier is responsible for maintaining gas appliances which she owns or is entitled to take with her at the end of the letting. Further guidance is in the leaflets, Gas appliances – Get them checked, keep them safe and Landlords – A guide to landlords’ duties: Gas Safety (Installation and Use) Regulations 1998, from the Health and Safety Executive.
By law, you must ensure that the electrical system and any electrical appliances supplied with the let such as cookers, kettles, toasters, washing machines and immersion heaters are safe to use. If you are supplying new appliances, you should also provide any accompanying instruction booklets.”
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Neil Patterson
9:39 AM, 27th April 2020, About 4 years ago
Hi Judith,
Please see notes above on Lodger requirements.
steve p
13:29 PM, 27th April 2020, About 4 years ago
Just to clarify, who owns the property?
And who will be living in the property?
Im not sure if you own the property and your daughter plus another are living there that the other would be classed as a lodger. I would guess the Daughter would be a guest and then the other would be either renting a room (Plus shared communal space) from you or if you would class your daughter as a tenant then she might be sub-letting. Either way I think you may fall into having to have an EICR.
As someone in the electrical field I would add it would be a good idea to get it done anyway as there is still a responsibility that the electrics are in good working order, unless you or someone you know has checked out the electrics and is qualified to say they are in good working order then there how would you prove they were if something were to happen? It is still recommended that all residential properties by owner occupiers have an EICR at least every 10yrs. For a full EICR you will likely pay less over the period it cover than a gas safety certificate.
Even if you dont need an EICR think about how old the property is, obviously if its a newish build then chances of something being dangerously wrong is reduced compared to say an old victorian property that has not had anyone touch the electrics in 50yrs