Should I let my tenant rent out the spare bedroom to a lodger?
My tenants have requested my permission to rent out a spare bedroom to a lodger.
I have three tenants, a husband and wife and the husbands brother renting a 2 bed 2 bath flat from me. However, the brother has moved out.
They are currently on a periodic tenancy and have decided they can’t really afford the rent on there own, hence their request for permission to let the second bedroom to a lodger.
If I say no then they will have no other choice but to give me notice.
Should I allow this?
If so do I need to create a new tenancy or can I just leave them on periodic and do a letter to them explaining that they are responsible for any damages caused by there lodger?
Should I insist upon them using a specific type of lodgers agreement?
Thanks for your advice.
Rob Walsh
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Member Since January 2011 - Comments: 12212 - Articles: 1408
9:56 AM, 3rd April 2013, About 13 years ago
@Rob – you and your tenant may well find this article and the free download interesting >>> https://www.property118.com/index.php/rent-a-room-scheme-earn-4250-per-annum-tax-free/34756/
Comments: 36 - Articles: 1
9:57 AM, 3rd April 2013, About 13 years ago
For more information on the Rent a Room Scheme (which allows you to rent out a furnished room in your home to a lodger and earn £4,250 before paying any tax on that income) – download our free guide at http://www.spareroom.co.uk/rentaroomscheme
For more information on taking a deposit as a live in landlord – visit our content section at http://www.spareroom.co.uk/content/info-landlords/advice-landlord/
Member Since January 2011 - Comments: 12212 - Articles: 1408
9:59 AM, 3rd April 2013, About 13 years ago
@Tessa – thank you for all the free advice you are offering. It’s very refreshing to find a Landlord and Tenant solicitor engaging this way on forums. Much appreciated 🙂
Member Since July 2013 - Comments: 186 - Articles: 2
9:59 AM, 3rd April 2013, About 13 years ago
That does make perfect sense thanks tessa.
Member Since October 2013 - Comments: 248
12:02 PM, 3rd April 2013, About 13 years ago
What happens if the AST tenants dissapear one day, and the lodger becomes a squatter. The lodgers agreement is NOT with you, the landlord?
Member Since January 2011 - Comments: 12212 - Articles: 1408
2:23 PM, 3rd April 2013, About 13 years ago
Squatting is illegal, the Police would remove the squatter
Member Since October 2013 - Comments: 248
11:53 AM, 4th April 2013, About 13 years ago
Ahh, but lodger could claim his agreement with the tenant is still in force, and therefor he’s not a squatter. I think the police would lose interest once the issue became cloudy.
Member Since January 2011 - Comments: 12212 - Articles: 1408
2:49 PM, 4th April 2013, About 13 years ago
@John F, once the possession order is granted the lodger would have no rights of occupation – SIMPLES!
6:48 PM, 5th April 2013, About 13 years ago
The question is who is liable for damage and cleaning in that room? If you allow that room to be let there are other issues you may face, by allowing the room renter to be there one wonders if you could be vicariously liable for anything. Over to the solicitors?