question from house owner

sadiesun

Hi,
I am a house owner but am leaving the area (moving in with girlfriend) and don't want to leave the house empty until it sells, so I am thinking of letting my brother live in it rent free, he will pay the bills and I will continue to pay the mortgage. my question is am I legally allowed to do this or will the council be on me like a ton of bricks? And if this is allowed is there anything I would need to do to make it official.
Thanks in advance for any advice.
Stuart

benjus

You would become a landlord and have all the legal responsibilities that come with it. Which part of the UK is this? The rules differ.

sadiesun

its in Lancashire, and the area is one where the council inspects to make sure the houses are up to a certain standard. I don't know the first thing about being a landlord. would I be able to get away with charging a nominal rent ie £1? I emailed the council and they suggested I ring the local citizens advice
thanks

benjus

Have a look at G_M's guide for new landlords

I don't know anything about these council obligations as I've never had to deal with that.

Rambosmum

Your mortgage lender may have an issue with it. For a residential mortgage most lender need to owner/ mortgagee to live in it, though whether they would prefer it to be empty or with your brother in it I don't know.

Secondly, why would the council be on you? As long as your brother is paying council tax there shouldn't be an issue from the council.

You'd need a tenancy agreement I suspect (someone more knowledgeable will be along shortly) and your brother will have the rights of a tenant, regardless of whether he pays any rent, which could make it more difficult to sell as he will legally be entitled to 2 months notice plus a court order to get possession, even though in reality he's likely to move out when you ask. But say he can't find anywhere? What will happen then?

Do you have a gas safety check etc?

DRP

Your mortgage will likely state you must be living there continuously (will give details).

But if it's your brother, and it's only until you sell, then who's going to know and who's going to care?*

*presuming you trust your brother.

sadiesun

thanks for the replies so far guys. I have no doubt that he will move out when need be. the problem is it is quite a deprived area and the house isn't in great condition, it hasn't had a gas check and I am not confident it would pass all the checks needed, and to stop landlords from taking advantage the local council introduced a scheme whereby all rented houses in the area were checked to make sure they were up to scratch, and I doubt that mine would be deemed satisfactory. I'm not over keen on spending money I don't really have on improving the house when I am not going to be making money from it.
thanks

Foxy-Stoat_3

I would just get him in as a lodger and keep the other bedroom as your room. I wouldnt change your main residence until it sells.

[Deleted User]

Maybe a 'house sitting agreement' like this (https://www.mindmyhouse.com/assets/downloads/house_sitting_agreement.pdf) could stop your brother being classed as a tenant?

Rambosmum

The gas safety check isn't something you want to risk - it'll cost about £60. If it doesn't pass you can just get them to cap the gas and sell it with it as a known issue rather than get it repaired.

Foxy-Stoat_3

You don't need a gas safety certificate if you sell, only if your renting out the house.

Not even sure you need one if you have a lodger.