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Lodger rather than tenant?

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chucknorris
chucknorris Posts: 10,793 Forumite
Part of the Furniture 10,000 Posts Name Dropper
edited 22 July 2010 at 8:22AM in House buying, renting & selling
If I rented all but one bedroom of a house out the person(s) would then be a lodger rather than a tenant?

EDIT: Nope, I know realize it would still be a tenancy

The reason I would like to know is that in a few years we are think of spending the winters in Spain and for the following reasons would prefer our house rented:

1. Security against crime
2. Additional income
3. Avoiding paying the full council tax
4. Less chance of damage from leaks etc

As I would only seek to rent our 3 bed house for about 4-5 months it obviously wouldn't be ideal for most renters so we would probably rent it out well below the market rent (say 50-60%) so hopefully we might find someone that it suits. However due to the fact that we would need to avoid any problems regaining possession I would much prefer a lodger to a tenant. So wondered if we locked up one bedroom and rented the rest of the house would this result in a lodger rather than a tenant?
Chuck Norris can kill two stones with one birdThe only time Chuck Norris was wrong was when he thought he had made a mistakeChuck Norris puts the "laughter" in "manslaughter".I've started running again, after several injuries had forced me to stop
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Comments

  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    a lodger is a person who lodges WITH a landlord... what you are suggesting wont work... anyone who moves in, with you in Spain, would start an Assured Shorthold Tenancy AGreement (whatever low rent you charge and irrespective of whether you give them a tenancy agreement in writing)

    you will also be responsible for the GASSAFE landlors gas safety certificate, EPC, Deposit protection and all the rest of landlording responsibilities....
  • chucknorris
    chucknorris Posts: 10,793 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 21 July 2010 at 11:30AM
    clutton wrote: »
    a lodger is a person who lodges WITH a landlord... what you are suggesting wont work... anyone who moves in, with you in Spain, would start an Assured Shorthold Tenancy AGreement (whatever low rent you charge and irrespective of whether you give them a tenancy agreement in writing)

    you will also be responsible for the GASSAFE landlors gas safety certificate, EPC, Deposit protection and all the rest of landlording responsibilities....

    I know about the responsibilities they are no different from our other rental properties. I am trying to avoid potential repossession problems when we return.
    Chuck Norris can kill two stones with one birdThe only time Chuck Norris was wrong was when he thought he had made a mistakeChuck Norris puts the "laughter" in "manslaughter".I've started running again, after several injuries had forced me to stop
  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    during any repossession proceedings any advocate or judge would laugh that one out of court... you cannot be a resident landlord with a lodger if you live in spain....

    either rent it out properly - or leave it empty

    if you are a LL you must know the amount of legal help available to tenants these days...

    ""1. Security against crime - timed lamps
    2. Additional income
    3. Avoiding paying the full council tax - if its empty you can claim 6 months 0 CT anyway
    4. Less chance of damage from leaks etc - leave the boiler on frost control....

    5. leave the keys with someone you trust to pop in now and then
    6. dont forget to tell your insurers its empty
  • chucknorris
    chucknorris Posts: 10,793 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 21 July 2010 at 12:15PM
    clutton wrote: »
    during any repossession proceedings any advocate or judge would laugh that one out of court... you cannot be a resident landlord with a lodger if you live in spain....

    either rent it out properly - or leave it empty

    if you are a LL you must know the amount of legal help available to tenants these days...

    ""1. Security against crime - timed lamps
    2. Additional income
    3. Avoiding paying the full council tax - if its empty you can claim 6 months 0 CT anyway
    4. Less chance of damage from leaks etc - leave the boiler on frost control....

    5. leave the keys with someone you trust to pop in now and then
    6. dont forget to tell your insurers its empty

    I'll have to think this over I'm not really happy to leave it empty, we may have to just take the chance on a reposession battle on an AST if they don't vacate, but thanks for your thoughts anyway.

    The answer might be to extend our stay to 6 months and try for a market rent, that way at least we would recieve reasonable rather than reduced income.
    Chuck Norris can kill two stones with one birdThe only time Chuck Norris was wrong was when he thought he had made a mistakeChuck Norris puts the "laughter" in "manslaughter".I've started running again, after several injuries had forced me to stop
  • sequence
    sequence Posts: 1,877 Forumite
    You want security against crime, but how do you know thee fake lodger (read tenant) will not run off with all your stuff, tear out the copper piping for scrap, sell your kitchen second hand on ebay, and then move to Spain with the proceeds :rotfl:

    Theres only so much character references can do, and they are easy to fake.

    Better to get a friend to look after the place and pay them say £20 a week to live there a few days a week.
  • deedee71
    deedee71 Posts: 918 Forumite
    Part of the Furniture 500 Posts Name Dropper
    I wonder if you might go down the "housesitter" route?

    A friend of mine stayed in someone's house while they did a world trip holiday. She stayed in the house looking after their pets for about 9 months. Problems arose though when she suddenly got a call saying they would be back at the weekend - be moved out by then lol!

    But if you could find someone who was recently moved to the area, or a relative of a friend sort of thing it might work out for all involved.
  • chucknorris
    chucknorris Posts: 10,793 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    sequence wrote: »
    You want security against crime, but how do you know thee fake lodger (read tenant) will not run off with all your stuff, tear out the copper piping for scrap, sell your kitchen second hand on ebay, and then move to Spain with the proceeds :rotfl:

    Theres only so much character references can do, and they are easy to fake.

    Better to get a friend to look after the place and pay them say £20 a week to live there a few days a week.

    We own 9 properties, this could happen in any of the other 8 at any time. It hasn't happened since I started in 1991.
    Chuck Norris can kill two stones with one birdThe only time Chuck Norris was wrong was when he thought he had made a mistakeChuck Norris puts the "laughter" in "manslaughter".I've started running again, after several injuries had forced me to stop
  • sequence
    sequence Posts: 1,877 Forumite
    I suppose they wouldn't knowing Chuck owns them ;)
  • chucknorris
    chucknorris Posts: 10,793 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    sequence wrote: »
    I suppose they wouldn't knowing Chuck owns them ;)

    He's getting on now you know, I don't think his roundhouse kicks would hurt that much now (if he can still do them)
    Chuck Norris can kill two stones with one birdThe only time Chuck Norris was wrong was when he thought he had made a mistakeChuck Norris puts the "laughter" in "manslaughter".I've started running again, after several injuries had forced me to stop
  • Vampgirl
    Vampgirl Posts: 622 Forumite
    Part of the Furniture 500 Posts
    The answer might be to extend our stay to 6 months and try for a market rent, that way at least we would recieve reasonable rather than reduced income.
    If you're only letting out for maximum 6 months then you are seriously limiting your potential market. I'm sure there must be some people who are only looking for somewhere short term, but most tenants would prefer a long tenancy ie. years rather than months. Moving house is costly and a lot of work, so as a tenant you don't want to get settled somewhere and then have to move out again a few months later.

    If you're only looking for short term then I think looking for a house-sitter might be a better solution for you.
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