Partner moving into my house

Mozette

tia86 wrote: »

Thank you for all the helpful advice. Yes I know it seems like a silly thing to be thinking about but you never know what the future holds. Thank you for all the useful links

It is not in the least bit silly, in fact you are obviously very sensible to think of this; you are right, you really don't know what the future holds, but giving it some consideration now can save a lot of future problems.

simplymegreg

Can I just ask a fairly candid question then? So from what I've read it would appear that a partner cannot be classed as a lodger due to a) having a relationship with the person you are living with; and b) not having a separate room?

Most lodgers' rent will obviously go towards the mortgage repayments of the live in landlord but you wouldn't say they have a beneficial interest in the property.

Mojisola

simplymegreg wrote: »

Can I just ask a fairly candid question then? So from what I've read it would appear that a partner cannot be classed as a lodger due to a) having a relationship with the person you are living with; and b) not having a separate room?

This is the important bit. It would be possible to have separate rooms for sleeping in - shift workers, snoring problems, health issues, etc - but if you're a couple, one of you can't be a lodger.

tim123456789

tia86 wrote: »

Thank you for all the helpful advice. Yes I know it seems like a silly thing to be thinking about but you never know what the future holds. Thank you for all the useful links

For the avoidance of doubt I don't think that it's a silly thing to be "thinking about".

It's the solution "stick a rental contract in his hand and ask him to sign" that I think is silly.

(and if you don't actually do such paperwork no amount of arguing "I regarded him as my lodger tenant", will make him so)

zzzLazyDaisy

simplymegreg wrote: »

Can I just ask a fairly candid question then? So from what I've read it would appear that a partner cannot be classed as a lodger due to a) having a relationship with the person you are living with; and b) not having a separate room?

Most lodgers' rent will obviously go towards the mortgage repayments of the live in landlord but you wouldn't say they have a beneficial interest in the property.

Short answer - because different laws apply.

The law defines 'cohabiting couples' and 'lodger'.
The law also sets out the legal rights and responsibilities between cohabiting couples, and between a resident landlord and his/her lodger.

A cohabiting partner may, in certain circumstances, gain a beneficial interest in the home they share with the householder. A lodger's status is entirely different.

There is a huge difference between a lodger paying over a sum of money to the owner to do with as they wish (which may include putting some or all of it towards the mortgage, or not, as they choose); and a cohabiting partner making a contribution to the mortgage, or indeed any payment that might be identifiable as being earmarked for housing costs, such as 'rent'. This scenario is best avoided if future litigation is to be avoided. There are other ways for a cohabiting partner to contribute which do not complicate matters in this way.

simplymegreg

Mojisola wrote: »

but if you're a couple, one of you can't be a lodger.

I'm not questioning what you say but do you know of any authority for this e.g. legal case law / HMRC advice? I'm just genuinely curious. Google has thrown up nothing!

Kynthia

It's very sensible to think about these things and definitely to discuss them with your partner. Being in love doesn't mean you have to be financially naive or avoiding difficult topics of conversation.

It doesn't have to be just one way, ie you protecting your property, but discussing things so that you both understand and agree what the situation is. Also in the future you may want to ensure your partner gets a fair share, talk about wills, implications of becoming financially dependant on him when having children, etc. Things are clear when you marry, but if you don't then you need to understand the possible pitfalls, discussing them and agreeing on how to deal with them.

Mojisola

simplymegreg wrote: »

I'm not questioning what you say but do you know of any authority for this e.g. legal case law / HMRC advice? I'm just genuinely curious. Google has thrown up nothing!

As LazyDaisy says - you can be a lodger or a cohabiting partner.

If it comes to a legal fight later on, are you going to lie and say that you weren't sleeping together while your ex is claiming you did?

Kynthia

simplymegreg wrote: »

I'm not questioning what you say but do you know of any authority for this e.g. legal case law / HMRC advice? I'm just genuinely curious. Google has thrown up nothing!

Alternatively show me where the HMRC states that your unmarried partner is a lodger and their payments to you should be declared? I bet they would if they could. :rotfl:

zzzLazyDaisy

simplymegreg wrote: »

I'm not questioning what you say but do you know of any authority for this e.g. legal case law / HMRC advice? I'm just genuinely curious. Google has thrown up nothing!

Just because I have nothing better to do....

Here is Shelter's advice about lodgers

http://england.shelter.org.uk/get_advice/renting_and_leasehold/sharing_and_subletting/lodgers

And here is Shelter's advice about cohabiting couples where one owns the home

http://england.shelter.org.uk/get_advice/families_and_relationships/relationship_breakdown/options_for_homeowners/cohabiting_couples