Son lives in parents property wanting to rent out a room?

Son lives in parents property wanting to rent out a room?

14:21 PM, 9th December 2021, About a month ago 3

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Hi all,  a quick question: I’ve got a landlord (Mr and Mrs) who live in Wales and who own a property in the Midlands.

I’ve been speaking to the son who lives in the property his parents own and the parents want to rent out a room for about 6 months.

Is this technically classed as a resident landlord or not?

Would it be a Lodgers agreement or a full AST?

Many thanks

Luella



Comments

by Deb

17:16 PM, 9th December 2021, About a month ago

I did this when my daughter lived in one of my properties. She was my tenant and became the resident landlord of the lodger and therefore provided a lodgers agreement to the lodger. The AST was the agreement I had with my daughter.

by Judith Wordsworth

10:41 AM, 10th December 2021, About a month ago

Reply to the comment left by Deb at 09/12/2021 - 17:16
I did exactly the same. The rent goes to the son who can claim under the government rent a room scheme for up to just over £7k pa rent tax free. What he then does with the rent would be between son and parent I would think.

by David

16:29 PM, 10th December 2021, About a month ago

The landlord doesn't have to be the owner, they could authorise their Son, (I would suggest in writing) to act as landlord for the lodger. This should be ok if only letting to 1 lodger because the exemption for 2 lodgers from HMO regulations only apply to owner-occupiers. The rent would probably need to be paid to the Son, but would actually be due to the parents, as owners, and they would be liable for any tax.
There are regulations governing properties let to lodgers and I would suggest that the Son gets some help to understand the legal obligations.


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