Landlord's Family and lodgers rules

silvercar

I buy a house and let my son move in without me.
I own the house completely, not my son.
My son invites other friends to move in also.
(No locks on any bedroom doors).

Does my son become MY tenant and his friends become HIS lodgers?

I would say that suggests your son is the tenant of the whole property and can take lodgers.

Is your son prepared and able to act as landlord to his lodgers?

Cautious_Optimist

Annisele wrote: »

That quote applies to lodgers only. If the person is a tenant, they're not a lodger and therefore the "excluded occupier or not" stuff doesn't apply - they're just plain a tenant.

I read it to mean that those are the rules which defined a lodger, as opposed to a tenant.

Cautious_Optimist

G_M wrote: »

Plus that is not a legal definition - it is simply a guide. Note:

I've had a look at the actual act:

http://www.legislation.gov.uk/ukpga/1988/50/section/31

(3)A tenancy or licence is also excluded if—

(a)under its terms the occupier shares any accommodation with a member of the family of the landlord or licensor;

(b)immediately before the tenancy or licence was granted and also at the time it comes to an end, the member of the family of the landlord or licensor occupied as his only or principal home premises of which the whole or part of the shared accommodation formed part; and

(c)immediately before the tenancy or licence was granted and also at the time it comes to an end, the landlord or licensor occupied as his only or principal home premises in the same building as the shared accommodation and that building is not a purpose-built block of flats.

Now, I'm not certain if that means 3 (a)(b) and (c) ALL have to be the case, in order to exclude..?

It seems to me that (a) and (b) can apply, without the LL being resident.

Still doesn't define ''family member'' though...

MobileSaver

Cautious_Optimist wrote: »

Still doesn't define ''family member'' though...

http://www.legislation.gov.uk/ukpga/1985/68/section/113

113 Members of a person’s family.

(1)A person is a member of another’s family within the meaning of this Part if—

(a)he is the spouse [F1or civil partner] of that person, or he and that person live together as husband and wife [F2or as if they were civil partners] , or

(b)he is that person’s parent, grandparent, child, grand-child, brother, sister, uncle, aunt, nephew or niece.

(2)For the purpose of subsection (1)(b)—

(a)a relationship by marriage [F3or civil partnership] shall be treated as a relationship by blood,

(b)a relationship of the half-blood shall be treated as a relationship of the whole blood,

(c)the stepchild of a person shall be treated as his child, and

(d)an illegitimate child shall be treated as the legitimate child of his mother and reputed father.

jjlandlord

Annisele wrote: »

That quote applies to lodgers only. If the person is a tenant, they're not a lodger and therefore the "excluded occupier or not" stuff doesn't apply - they're just plain a tenant.

What you call a 'lodger' can be both a lodger (under a license) or a tenant.
What you call a tenant is an AST tenant.

A live-in landlord does not exclude creating a tenancy.

Kynthia

Cautious_Optimist wrote: »

''Your lodger is likely to be an excluded occupier if:

(1) They live in your home
(2) You or a member of your family share a kitchen, bathroom or living room with them''

I take this part to mean that if someone lives in your home then they are likely to be a lodger if someone in your family/household shares facilities with them. For example it is possible for a couple and their children to live in a house and take in a lodger. The lodger doesn't have access to the lounge and has their own little kitchen. The couple have an ensuite so don't share a bathroom with the lodger, but the children share the bathroom. Therefore the lodger does share facilities with someone in the family/household and not just other lodgers.


Nothing in that statement indicates the landlord doesn't have to live at the same property. It's just that the landlord as an individual doesn't have to share facilities as long as someone in their household and not just other lodgers does.