What are my rights after inheriting a tenant?
2 years ago | 9 comments
Lodgings or rent a room type contract?
12:04 AM, 14th August 2024, 2 years ago
15
Hi, I am intending to rent out two rooms in my residential home with access to the lounge, kitchen, diner and bathrooms. Rent will include all utilities, council tax etc.
I am not there the bulk of the time as I’m out and about in my RV, but will retain my own bedroom and it will remain my main residence.
I am aware of the rent a room tax allowance and that I cannot let to more than two unrelated people as it then comes under HMO regulations as far as I can see. I am able to provide a daily breakfast if required.
I am looking for some type of contract (if needed) to ensure that should I get a ‘bad egg’ they can be removed.
Can someone point me in the right direction?
I have other properties (but not HMO’s) but have not done this before with my own residence.
Any advice would be gratefully received.
Colleen
Tags:
landlord, lodger advice, lodger agreement, lodger or tenant, Rent a room scheme, Tenant eviction
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Member Since December 2023 - Comments: 1590
9:19 AM, 14th August 2024, About 2 years ago
When it comes to eviction, your lodger may argue that they have basic protection if they don’t share rooms with the landlord. Also, it needs to be your main residence to qualify for the Rent a Room Scheme.
As for a lodger’s agreement, a Google search brings up one from West Lothian Council which may be of interest.
Member Since August 2023 - Comments: 94
9:19 AM, 14th August 2024, About 2 years ago
Beware labour maybe change the rent a room allowances
Member Since June 2013 - Comments: 238 - Articles: 49
9:29 AM, 14th August 2024, About 2 years ago
We have a free information site for Lodger Landlords https://www.lodgerlandlord.co.uk/, which links to our Your Law Store site https://www.yourlawstore.co.uk/ where you can buy Lodger agreements and other forms.
I suggest you read the Lodger Landlord site before doing anything, as there may be more admin than you think. For example, you will need to do a right-to-rent check.
Member Since January 2015 - Comments: 1450 - Articles: 1
9:50 AM, 14th August 2024, About 2 years ago
You do not need to provide food.
Tessa Shepperson’s website has excellent information.
You do not need to be resident 100% of the time and can have a lock on your bedroom door.
You also do not need to protect any deposits taken.
Member Since October 2013 - Comments: 248
11:31 AM, 14th August 2024, About 2 years ago
I am also under the impression that the multi household criteria for deciding if a property is an HMO, do not apply to lodgings, but please confirm it from a reliable source.
Member Since June 2013 - Comments: 238 - Articles: 49
11:33 AM, 14th August 2024, About 2 years ago
Reply to the comment left by John Frith at 14/08/2024 – 11:31
Lodger situations can be HMOs but the rules are different from standard tenancies. I explain them in this page on my Lodger Landlord site https://www.lodgerlandlord.co.uk/will-taking-in-a-lodger-turn-your-property-into-an-hmo/
Member Since October 2020 - Comments: 1178
11:35 AM, 14th August 2024, About 2 years ago
There is a risk that a “lodger” could claim that their licence is a sham because you don’t qualify as a resident landlord. You would no doubt have counter-arguments, but I dont think the outcome would be 100% certain. If you lost then the lodgers would have ASTs, but probably without any of the require pre-requisites. I suggest you take legal advice from a housing lawyer on the specifics of your case before acting.
Member Since May 2018 - Comments: 2025
12:25 PM, 14th August 2024, About 2 years ago
Reply to the comment left by Cider Drinker at 14/08/2024 – 09:19
You mention West Lothian: I don’t know which part of the UK Colleen’s house is in.
I believe Scotland’s controls may have backfired.
https://www.telegraph.co.uk/money/property/buy-to-let/scotlands-holiday-let-backfires-fringe-black-market/#:~:text=But%20a%20scheme%20for%20short,rent%20out%20a%20spare%20room.
So Colleen may need to take account of other local requirements and how they might change.
Member Since June 2019 - Comments: 73
10:13 PM, 14th August 2024, About 2 years ago
Reply to the comment left by Cider Drinker at 14/08/2024 – 09:19
Thank you. This is, as stated my main residence and as also stated they would have access to the lounge, kitchen etc so sharing.
Member Since June 2019 - Comments: 73
10:30 PM, 14th August 2024, About 2 years ago
Reply to the comment left by Tessa Shepperson at 14/08/2024 – 09:29
Many thanks Tessa, when I return from holiday I will use one of your agreements. The information provided was useful and confirmed what I thought. I will be having 2 lodgers, all of us sharing lounge, kitchen, diner and 2 bathrooms and the house is mortgage free and my main residence. It has a full epc, gas safe and electrical cert too, ust to be sure. I live in Wales now so the Welsh information was helpful too. Your site was a very good source for people looking to go down this route.