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Lodgers or tenants?

Hello all

Any assistance appreciated.

Due to a divorce / separation I will be buying my (ex) wife out.

Will need to remortgage (not a problem, have several mortgageable assets)

However in order to keep my house I will be renting out a portion of it, and get some stud partitioning put in etc. All good so far. I will live in the other part of the house.

No facilities will be shared, the renters will effectively have their own front door.

Will they be lodgers or tenants though?

thanks in advance

bob

Comments

  • TBagpuss
    TBagpuss Posts: 11,237 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    No shared facilities would mean they were tenants, and you will need your mortgage klender's consent to let, and would need to check whether you need planning permission to divide the proeprty and what fire and other regulations you need the work to comply with.

    Not dviding the proeprty up, and taking in lodgers would be far simpler
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • theartfullodger
    theartfullodger Posts: 15,963 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    They will be common law tenants: You would still need a court order to evict them.
    see..
    http://england.shelter.org.uk/get_advice/downloads_and_tools/tenancy_checker

    Has council said they will be happy (building regs, planning) with split into 2 dwellings? What is council's view on council tax both each property? What insurance cover will you have: Is your proposed lender happy with the arrangement.

    Re
    ....... the renters will effectively have their own front door......
    will they or will they not have their own front door. Sounds like saying someone is "effectively not pregnant"......

    Ever been a landlord before?
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    If the partitioned property is self contained then the Valuation Office Agency with need to look at whether or not the property needs to be banded individually as a new dwelling. If the VOA determine it is a dwelling then the council will need to issue a separate demand notice for the property.

    Craig
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 5 August 2016 at 7:30PM
    Just to add to the above, this is a mad idea for all sorts of reasons.

    Re-think time.

    * New landlords: advice, information & links
  • bobbymotors
    bobbymotors Posts: 746 Forumite
    Thank you everyone

    Yes, the original plan was that they would have their own front door - but perhaps not now!

    I won't be putting up any stud partitioning and think it best if we share the kitchen.

    Yes I am a landlord already, perfectly aware of all regulations like boiler check, etc. Which is why I asked the question, in my own home, I need them to be lodgers and not tenants.

    Thanks again
  • bris
    bris Posts: 10,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Share a front door but give them their own living space. You can always put a door in with an internal lock to keep you separate.
  • bobbymotors
    bobbymotors Posts: 746 Forumite
    bris wrote: »
    Share a front door but give them their own living space. You can always put a door in with an internal lock to keep you separate.

    Would that make them lodgers then, if we shared only the hallway?

    thanks

    bob
  • johndhuk
    johndhuk Posts: 100 Forumite
    Having an internal door between the two parts of the property sprung to mind as a grey area that potential gives you the best of both worlds.
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