Surely I cannot be classed as a Landlord?

Reply to the comment left by Jo Westlake at 17/01/2025 – 14:46
Disagree with the sponging comment if the child is studying full time. Most students are means tested against their parents income so would get a lower maintenance loan if their parents earn well therefore parents are expected to support their children financially during study. (Google “The hidden parental contribution”). The OP would be doing exactly that but just in a different way to most.

Reply to the comment left by Billy Gunn at 17/01/2025 – 15:14Yeah fair point , I tend to relate licence to occupy for the likes of a lodger (less legal protection to give notice to leave ) as they are usually used as non exclusive use of the property.
Regardless if it’s a tenancy or a licence the OP will still be classed as a landlord and be subject to all that entails. Scotland, Wales and N.Ireland Landlord registration is mandatory England is not with a caveat that some local authorities mandate it either wholly within thier catchment or just in certain areas/post codes. Gas and EPC certificates will be needed in this case.
Maybe I’m erring on the side of caution tho?
The OP has elluded that- it’s just his son so he could just throw him the keys, son gets the council tax discount and the utilities get paid job done one would think but that could leave him liable to a multitude of offenses if the authorities found out some of the t’s are not crossed (and they didn’t get thier landlord registration fees! Hell hath no fury like a local council scorned)

Reply to the comment left by Billy Gunn at 17/01/2025 – 15:14
Any mention of a licence in respect of occupying residential property must be taken with significant caution. Licences tend to be used where property is shared, not where there is exclusive possession. There is case law on family occupation (where the “licence” argument did not work).

One for the lawyers if the plan is to progress down this route.

Surely you just need to phone your local council housing department and ask them for their take on it?

Reply to the comment left by Peter Merrick at 17/01/2025 – 17:18
And the answer will be wait until the bailiffs arrive ?

Reply to the comment left by Graham Bowcock at 17/01/2025 – 16:48
Are you getting confused with selective licensing vs licence to occupy?

As long as the child is paying no rent, neither parent or child wish to enter a landlord and tenant relationship, and as long as the parent is allowed to enter the property then it is a licence to occupy

I personally know this as I live at my mother’s 2nd property rent free on my own.

Reply to the comment left by JaSam at 17/01/2025 – 17:41
Well, hopefully they will actually listen to the question rather than assume that someone is being evicted …

Student exemption for Council tax is not anything to do with paying or not paying rent.

An owner occupier with full time student status doesn’t pay Council tax as exempted.

If not charging full market rent to your son you cannot claim any allowable expenses for the property.

Only way round is to gift the rent money to your son and he pays the going rate for the property then you claim allowable expenses. Though someone more knowledgeable re taxation may have a better way, lol

Hi
I did virtually the exact same thing for my daughter a couple of years ago. 3 bed terrace. I evicted the tenants because they had wrecked the place and then I completely refurbished it. Once done, I couldn’t face letting any new tenants in there.
My daughter was doing her Masters in London and the house was far more convenient than home for her as it was 30 mins door to door, so she moved in. I paid all the bills and charged her no rent, but the council tax was free because she was a student. The council wanted to see a tenancy contract for my daughter so we used an NRLA one showing £0 rent and £0 deposit. At the end of the day she genuinely did live there 7 days a week. I popped around regularly and kept the garden pristine etc.
As for the rest of compliance – who will be reporting you if you don’t do it? Nobody. So do what you think is right.
My daughter finished her Masters and I sold the house.
I am now refurbishing and extending a 4 bed semi which is directly across the road from a station. I don’t want to be a landlord anymore so would sell but on this one, as soon as it is finished, my son and his girfriend who have secured jobs in the City when they graduate this summer, and the next daughter will be moving into it. Again, rent free to give them some chance in life.

We are a close family so rules won’t particularly apply, although standards will be extremely high anyway. Unlike a lot of tenants, my family are on my side!

You’ll need a gas safety cert if it has gas and an EICR, but your son will be responsible for the CT and should get a student exemption if his course qualifies.

If you have a BTL mortgage, then this usually precludes renting to family. You’d also need to check the same for your insurance.