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  • FIRST POST
    • xapprenticex
    • By xapprenticex 9th Jun 17, 7:23 AM
    • 1,269Posts
    • 1,165Thanks
    xapprenticex
    Do you have to use a secure deposite scheme...
    • #1
    • 9th Jun 17, 7:23 AM
    Do you have to use a secure deposite scheme... 9th Jun 17 at 7:23 AM
    If you are only renting a room in your house to a lodger? It's something i may do in the future.

    Also if you have to, what are the consequences if you dont and i THINK i recall reading that a lodger/tenant doesnt have to pay if you dont use a scheme?

    Thanks
Page 1
    • Pixie5740
    • By Pixie5740 9th Jun 17, 8:06 AM
    • 11,089 Posts
    • 15,343 Thanks
    Pixie5740
    • #2
    • 9th Jun 17, 8:06 AM
    • #2
    • 9th Jun 17, 8:06 AM
    Resident landlords are not required to protect the deposit of an excluded occupier (lodger).
    Annual income twenty pounds, annual expenditure nineteen pounds nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds nought and six, result misery.
    • saajan_12
    • By saajan_12 9th Jun 17, 8:12 AM
    • 953 Posts
    • 647 Thanks
    saajan_12
    • #3
    • 9th Jun 17, 8:12 AM
    • #3
    • 9th Jun 17, 8:12 AM
    If you are only renting a room in your house to a lodger? It's something i may do in the future.

    Also if you have to, what are the consequences if you dont and i THINK i recall reading that a lodger/tenant doesnt have to pay if you dont use a scheme?

    Thanks
    Originally posted by xapprenticex
    Wherever you 'recall' reading from, did you bother to bang "lodger deposit" in a search engine? First page gives the following from essentially the top renting websites.
    https://www.gov.uk/rent-room-in-your-home/rent-bills-and-tax
    http://forums.moneysavingexpert.com/showthread.php?t=1136391
    http://www.landlordzone.co.uk/forums/showthread.php?26192-Renting-a-room-Does-deposit-protection-scheme-apply
    https://england.shelter.org.uk/housing_advice/private_renting/return_of_a_lodgers_deposit
    https://www.lovemoney.com/news/20614/lodgers-rights-tenants-rights

    I'll do the reading for you.. no you don't have to use a scheme as a live in landlord and tenants or lodgers still have to pay rent, regardless of whether the deposit is protected. The penalties of non protection when it is required, involve not being able to use a Section 21 notice and a 1-3x deposit penalty paid to the tenant.
    • G_M
    • By G_M 9th Jun 17, 12:00 PM
    • 41,873 Posts
    • 48,446 Thanks
    G_M
    • #4
    • 9th Jun 17, 12:00 PM
    • #4
    • 9th Jun 17, 12:00 PM
    No, the the scheme is for Assured Tenancies(not lodgers).

    Lodger landlords can use the schemes voluntarily if they wish.

    If the LL does not use the scheme he can request a deposit from the lodger and hold it himself.

    The lodger can refuse to pay. The LL can then refuse to let him have the room!

    see also

    LODGERS (Licencees/Excluded Occupiers)
    A lodger (broadly) lives in the same property with a resident landlord & shares facilities. Unlike tenants, lodgers have few rights.

    The Housing Act 1988 provides definitions of 'Resident Landlord' & 'same property' (S31 & Schedule 1 (10).

    See:

    LodgerLandlord (21 tips from solicitor Tessa Shepperson + General information site)

    Landlordzone (Various articles on taking in lodgers)


    Renting out rooms in your home (Government info)

    Rent a Room Scheme (HMRC guide for tax-free income from lodgers)
    • xapprenticex
    • By xapprenticex 9th Jun 17, 6:34 PM
    • 1,269 Posts
    • 1,165 Thanks
    xapprenticex
    • #5
    • 9th Jun 17, 6:34 PM
    • #5
    • 9th Jun 17, 6:34 PM
    Resident landlords are not required to protect the deposit of an excluded occupier (lodger).
    Originally posted by Pixie5740
    Straight to the point, excellent thanks

    ... snip ...
    Originally posted by saajan_12
    I advise you pull that baseball bat out of your ###, its messing with your blood pressure.

    No, the the scheme is for Assured Tenancies(not lodgers).

    Lodger landlords can use the schemes voluntarily if they wish.

    If the LL does not use the scheme he can request a deposit from the lodger and hold it himself.

    The lodger can refuse to pay. The LL can then refuse to let him have the room!

    see also

    LODGERS (Licencees/Excluded Occupiers)
    A lodger (broadly) lives in the same property with a resident landlord & shares facilities. Unlike tenants, lodgers have few rights.

    The Housing Act 1988 provides definitions of 'Resident Landlord' & 'same property' (S31 & Schedule 1 (10).

    See:

    LodgerLandlord (21 tips from solicitor Tessa Shepperson + General information site)

    Landlordzone (Various articles on taking in lodgers)


    Renting out rooms in your home (Government info)

    Rent a Room Scheme (HMRC guide for tax-free income from lodgers)
    Originally posted by G_M
    Excellent, just what i needed, very helpful. Thanks.
    • G_M
    • By G_M 9th Jun 17, 8:06 PM
    • 41,873 Posts
    • 48,446 Thanks
    G_M
    • #6
    • 9th Jun 17, 8:06 PM
    • #6
    • 9th Jun 17, 8:06 PM
    It's like being at school here isn't it?

    Pixie: A-

    Saajan_12: C

    G_M: A+
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