Renting out a room to a friend with a child

gazter

katejo wrote: »

I have an email from the TV license authorities. It states that lodgers must have their own license unless they are a family member or an au pair. I got it when I disputed the wording on their website which keeps using the word tenant.
I would quite like to see their claim tested in court but they insisted that this was correct when I challenged their argument.

But it doesnt make sense. It is not true. If you have separate tenancy agreements then you need separate tv licenses.

Lodgers do not have tenancy agreements. Does the email from TVL not just replicate the same wording on the website.

http://www.tvlicensing.co.uk/check-if-you-need-one/for-your-home/tenants-and-lodgers-aud2

You need a tv license if:
1) If you have a separate tenancy agreement for your room
2) If you have a joint tenancy agreement

Further notes say the following:
One TV Licence may cover the whole house.
"However, there may be other reasons why you need your own separate licence, such as whether or not you have exclusive access to a toilet or washing facilities"

The key words are 'exclusive access'. Do any of your lodgers have exclusive access? Do any of your lodgers have a separate tenancy agreement for their room?

I presume no. God knows why you would pay for a second tv license. I could sell you some volcano insurance as well if you want.

kinger101

katejo wrote: »

I have an email from the TV license authorities. It states that lodgers must have their own license unless they are a family member or an au pair. I got it when I disputed the wording on their website which keeps using the word tenant.
I would quite like to see their claim tested in court but they insisted that this was correct when I challenged their argument.

Write back and ask then where this is stated either in statute, or on the licencing agreement. I rather sounds like they're making !!!! up as they go along.

paddy's_mum

playaz wrote: »

the reason for a contract is to make it clear from the start that should she be unable to pay for 3-6 months

I don't understand this 3 - 6 months bit.

Is the OP unsure in his own mind what a lodger is/does and has access to?

Is there a danger that he may unintentionally create a tenancy with all the rights that gives to the other party?

In his shoes, I suspect I'd make regretful noises that my mortgage company and/or house insurers won't consent to me letting out a room so as to avoid any unpleasantness with the friend.

gazter

paddy's_mum wrote: »

I don't understand this 3 - 6 months bit.

Is the OP unsure in his own mind what a lodger is/does and has access to?

Is there a danger that he may unintentionally create a tenancy with all the rights that gives to the other party?

In his shoes, I suspect I'd make regretful noises that my mortgage company and/or house insurers won't consent to me letting out a room so as to avoid any unpleasantness with the friend.

You want her out as soon as she fails to pay. He'll never get rid of her in the scenario above.
We all often enter things with our eyes closed, but this seems to almost certainly end badly.

katejo

kinger101 wrote: »

Write back and ask then where this is stated either in statute, or on the licencing agreement. I rather sounds like they're making !!!! up as they go along.

When I challenged it, they referred to this part from their website

You don't need one
If you’re a lodger and have a relationship with the homeowner – for example, a family member, common law partner, a nanny, au pair or housekeeper

I haven't pursued it further as most of my lodgers haven't wanted to watch live TV in their rooms. I will look out their original email when I am at home. They insisted that the lodger had to buy a licence in their own name. I couldn't provide one for them.

gazter

katejo wrote: »

When I challenged it, they referred to this part from their website

You don't need one
If you’re a lodger and have a relationship with the homeowner – for example, a family member, common law partner, a nanny, au pair or housekeeper

I haven't pursued it further as most of my lodgers haven't wanted to watch live TV in their rooms. I will look out their original email when I am at home. They insisted that the lodger had to buy a licence in their own name. I couldn't provide one for them.

They are lying to you or intentionally obfuscating. Your license covers the whole house, unless a separate tenancy agreement is created, like you would have in a student house. The accompanying notes on their page are clear about the circumstances in which you would need one.

katejo

gazter wrote: »

They are lying to you or intentionally obfuscating. Your license covers the whole house, unless a separate tenancy agreement is created, like you would have in a student house. The accompanying notes on their page are clear about the circumstances in which you would need one.

The actual email sent to me said the following. I didn't reply to it.


Thank you for contacting us.

One television licence covers the following people to use a television at the named address:

? the person named on the licence
? anyone living as part of the family at the address shown
? anyone working at or visiting the address

If part of the premises is being rented to someone who has a television in their own room, they will require a separate licence.

I hope I?ve been able to explain the situation and thank you for taking the time to contact us.

Yours sincerely,

The definition of part of the premises is vague. I did try to argue over the phone that it would have to be a separate flat/unit before i saw this email but i got nowhere.

hollydays

9 year old boys can be quite annoying, it's that annoying age..
A bit like 13-14 year olds..another annoying age..avoid..

booksurr

gazter wrote: »

They are lying to you or intentionally obfuscating. Your license covers the whole house, unless a separate tenancy agreement is created, like you would have in a student house. The accompanying notes on their page are clear about the circumstances in which you would need one.

the question of lodgers and TV licences is highly emotive and discussed on here umpeteen times with neither the yes you must or the no you don't camps ever offering definitive legal evidence to back up their respective claims

so take your pick:
a) go on what is said on the TV licence website as quoted by Katejo - the only time you do NOT need a separate licence is if the lodger is part of your own household: ie is a live in au pair, nanny or family
b) join the camp that says what is on the website is misleading since the example given refers to separate tenancy agreement which of course we know is not relevant to a lodger. That viewpoint of course ignores the title of the page "tenants and lodgers"....

kinger101

booksurr wrote: »

the question of lodgers and TV licences is highly emotive and discussed on here umpeteen times with neither the yes you must or the no you don't camps ever offering definitive legal evidence to back up their respective claims

so take your pick:
a) go on what is said on the TV licence website as quoted by Katejo - the only time you do NOT need a separate licence is if the lodger is part of your own household: ie is a live in au pair, nanny or family
b) join the camp that says what is on the website is misleading since the example given refers to separate tenancy agreement which of course we know is not relevant to a lodger. That viewpoint of course ignores the title of the page "tenants and lodgers"....

Of course, we could get clarification of what was meant by "licensable place" from the BBC. Except, they've decided that they cannot tell as their actual policy, and have therefore redacted this document on the rather spurious assertion that if we knew what they actual meant, we may attempt to evade the licence fee.

https://www.tvlicensing.co.uk/ss/Satellite?blobcol=urldata&blobheadername1=content-type&blobheadervalue1=application%2Fpdf&blobkey=id&blobtable=MungoBlobs&blobwhere=1370006220552&ssbinary=true

So for now, we have to guess what is meant by the "separate legal arrangements" term stated within the T&C of the licence.