House Guest staying longer

Penguin_Biscuit

Bit of a complex issue, so I will try and keep things brief:

I am 37 and I have recently inherited my house. I now own it outright - no mortgage.
It's a nice house in a rural area, but needs some work doing to it.
I sold my flat and moved here, so I don't really know anyone.
I gave up my job and am planning to use the money from the flat to live on and renovate my house. Then find another job nearby (wasn't enjoying my old job anyway).

My cousine recently came to visit me and brought a friend with her. This friend is a 19 year old girl with a young baby. She has recently split up from her boyfriend and has been staying with my cousine, in her flat.

They both stayed in my house for a few days. We got on ok. When my cousins left, asked if her friend could stay with me for a while, as there wasn't much room in her flat. I agreed, so my new house guest has been in my house for a few weeks now.

Everything is going fine. The baby doesn't disturb me. My new house guest has hardly any belongings with her. My cousine calls in and helps with the baby and cooking, cleaning etc. I haven't asked for any rent money.

So it's all good from a domestic point of view.

But regards paperwork; should I be formalising things?

I'm guessing this girl would now be classed as a lodger?
So should I go ahead and inform insurance company and council tax etc?
Do I need to have a lodger contract?
I don't want to ask her for rent. So could she be classed as a House Guest long term?

Could my house guest claim benefits, without a formal lodger contract?

A friend told me he doesn't think that single parents are allowed to claim housing benefit as lodgers. He thinks they need a formal tenancy contract for their property. He also said that as this girl has a child, I would not be able to evict her, so I would need landlord insurance.

I've had a look online; there are a few articles about single parents moving in with other single parents, but I am a man without children - so could this girl be my lodger, even though she has a baby with her?

Guest101

Penguin_Biscuit wrote: »

Bit of a complex issue, so I will try and keep things brief:

I am 37 and I have recently inherited my house. I now own it outright - no mortgage.
It's a nice house in a rural area, but needs some work doing to it.
I sold my flat and moved here, so I don't really know anyone.
I gave up my job and am planning to use the money from the flat to live on and renovate my house. Then find another job nearby (wasn't enjoying my old job anyway).

My cousine recently came to visit me and brought a friend with her. This friend is a 19 year old girl with a young baby. She has recently split up from her boyfriend and has been staying with my cousine, in her flat.

They both stayed in my house for a few days. We got on ok. When my cousins left, asked if her friend could stay with me for a while, as there wasn't much room in her flat. I agreed, so my new house guest has been in my house for a few weeks now.

Everything is going fine. The baby doesn't disturb me. My new house guest has hardly any belongings with her. My cousine calls in and helps with the baby and cooking, cleaning etc. I haven't asked for any rent money.

So it's all good from a domestic point of view. - All of the above is fine so far

But regards paperwork; should I be formalising things?

I'm guessing this girl would now be classed as a lodger? - Well, she's anything from a guest, to a lodger. No realy legal definition required about this
So should I go ahead and inform insurance company and council tax etc? - Insurance read your policy, cant see form here. Council tax - if this is her primary residence then yes. But someone visiting for a few weeks isnt the same as living there. But if this move is semi long term, then yes
Do I need to have a lodger contract? - Not unless you want one
I don't want to ask her for rent. So could she be classed as a House Guest long term? - Classed as whatever you want. There's no legal requirement

Could my house guest claim benefits, without a formal lodger contract? - Which benefits?

A friend told me he doesn't think that single parents are allowed to claim housing benefit as lodgers. He thinks they need a formal tenancy contract for their property. He also said that as this girl has a child, I would not be able to evict her, so I would need landlord insurance. - Your friend is ignorant. None of that is legally true. You can evict her at any point, unless it's your child. A 'formal' tenancy can be written on the back of a napkin, but practically the council would need something to confirm any rent payments (N/A since you arent charging any).

I've had a look online; there are a few articles about single parents moving in with other single parents, but I am a man without children - so could this girl be my lodger, even though she has a baby with her?

Ofcourse she can be a lodger. I dont know what you read, but even if you had a child and she had a child, she'd still be a lodger.

G_M

How long do you anticipate this continuing? Are you happy for her to stay long-term?

The most important thing is to ensure both you and she understand each other ie whether she can stay ad infinitum or whether you expect her to be flat hunting and to move out within.... whatever time-frame.

and if/ whether at the end of that time you will tell her to leave, and how much notice you'll give her at that time.

as long as you are clear in your mind about this, and explain it clearly to her, you're fine. Putting it in writing is optional, but may be a good idea nonetheless for clarity.

As for rent - it's up to you. Are you happy to have her stay rent free? Again, ad infinitum? What about utility costs? Shared household costs?

Again, decide what you want/expect and then make it clear to her.

Your insurance should be fine though I doubt they'd pay out if she ran off with your telly without any signs of breaking and entering.

Council tax only need to know if you are claiming a single person discount. Are you? Clearly you are no longer entitled to that if this is now her main residence.

Penguin_Biscuit

Thanks for all the advice.
I am happy for this girl to stay as long as she wants.
It's only the formalities of insurance, council tax etc that I'm concerned about.

If we did make it a formal living arrangement, how would she claim benefits / housing benefit?
Would the benefits dept pay her the money? Or would they pay it to me?

Presumably I'd need to show the benefits dept a contract and insurance certificate etc?

I'm not worried about my house guest stealing anything. There is certainly no TV - just some power tools and old furniture etc. It would worry me if she invalidated my insurance regarding fire / flood etc.

She won't be able to "flat hunt" near me. It's a rural area and internet is rubbish. (I'm visiting relatives today).

My house guest doesn't speak very good English, so if she does want to formalise things, perhaps we should both go and speak to the benefits dept together?

Guest101

Penguin_Biscuit wrote: »

Thanks for all the advice.
I am happy for this girl to stay as long as she wants.
It's only the formalities of insurance, council tax etc that I'm concerned about.

If we did make it a formal living arrangement, how would she claim benefits / housing benefit? - The usual way, by applying to the DWP and / or local council (depends on the benefit)
Would the benefits dept pay her the money? Or would they pay it to me? - Why would they pay it to you? firstly there's no rent to pay, and secondly it's her money.

Presumably I'd need to show the benefits dept a contract and insurance certificate etc? - Depends on the benefits. Child benefit she produces a birth certificate for example. (insurance is really nothing to do with any of this)

I'm not worried about my house guest stealing anything. There is certainly no TV - just some power tools and old furniture etc. It would worry me if she invalidated my insurance regarding fire / flood etc. - Check, but unlikely.

She won't be able to "flat hunt" near me. It's a rural area and internet is rubbish. (I'm visiting relatives today). - presumebly eventually she'll be flat hunting, unless you two end up in a relationship.

My house guest doesn't speak very good English, so if she does want to formalise things, perhaps we should both go and speak to the benefits dept together?

1: what is her nationality?
2: there is no benefits department you can go to speak to.
3: Data protection act, they wont speak to you about her full stop.
4: Do that and you'll look like a couple.

thesaint

There would be no housing benefit, as there is no rent being charged.

I hope things don't change when her boyfriend comes to live with you, and they are keeping you up with their nocturnal activities. You won't even have rent as compensation for the loss of freedom in your own house.

Penguin_Biscuit

Thanks again.
The Saint: I think it's more likely the opposite is true - ie my house guest is keen to remain far removed from her ex boyfriend and my house is good for that.

P.S. my friend's wife used to work in benefits / housing. She thought the department may send someone around to check on the living circumstances. If that official decided the house was unsuitable, presumably they would not pay benefits, but would my guest need to leave. Obviously I wouldn't be living in a house that was really dangerous, but having a baby live here was not planned.

G_M

I think the Saint was referring to her next boyfriend. Or is she taking Holy Orders and remaining celeibate for life.....

Guest101

Penguin_Biscuit wrote: »

Thanks again.
The Saint: I think it's more likely the opposite is true - ie my house guest is keen to remain far removed from her ex boyfriend and my house is good for that.

P.S. my friend's wife used to work in benefits / housing. She thought the department may send someone around to check on the living circumstances. If that official decided the house was unsuitable, presumably they would not pay benefits, but would my guest need to leave. Obviously I wouldn't be living in a house that was really dangerous, but having a baby live here was not planned.

Stop listening to your friend (and his wife) both are clueless.

No-one comes round just to check, they may investigate if they believe it to be fraud.

They dont decide whether the house is suitable or not, because she's NOT a tenant. She's a lodger. - Yes there are minimum standards, but i suspect if you're living there, those standards will be exceeded. (e.g. Running water, Heat and facilities to store and prepare food.)

Who do you think will force her to leave?

1: Do you not read the news? Council services are being slashed, social services dont have enough employees, you really think they going to check every single parent in the UK?!
2: Most benefits arent paid for anything to do with the house. Since you arent charging rent, the 'housing' team is NOTHING to do with this.

G_M

Penguin_Biscuit wrote: »

P.S. my friend's wife used to work in benefits / housing. She thought the department may send someone around to check on the living circumstances. If that official decided the house was unsuitable, presumably they would not pay benefits, but would my guest need to leave. Obviously I wouldn't be living in a house that was really dangerous, but having a baby live here was not planned.

You are over-thinking this.

You've kindly offered her a place to live. Make sure the basis of the arrangement is suitable for you, and clear to her.

She can apply for whatever benefits she's entitled to (clearly not Housing Benefit as she's not paying rent), and the Benefits Office will either approve the application, deny it (if she's not entitled, or make enquiries if they need further information. that is all a matter between her and them.

Yes, double check your insurance, but as explained it's unlikely to be a problem.

Yes, stop claiming single person discount (if you do) on council Tax.

Otherwise, relax.

getmore4less

I can see this ending up a mess..

Your cousin landed you with a lodger.

If she claims you are her boyfriend and have been hitting her you may find yourself homeless.