Buying a house- friend to stay?

Dogbooks

Hi all,

My OH and I are in the process of buying a house... we're at the stage where the mortgage has been accepted, and the homebuyer's report received, so aiming to move out late May/ early June.

Currently we're in a houseshare and one of the housemates is due to move to America with his wife. He's been applying for his visa for a while, he advised that he should receive and move to America by Christmas. However, this still hasn't been completed- he's advised he's waiting for a final appointment.

I'm a bit worried that we may move out of the house and his visa hasn't been completed. We've stated on all the forms that it is just me and OH moving in (as intended) but we feel that we can't leave the housemate homeless. The only other person he could possibly move in with is his mum but I don't think she really has the space and we would have a spare bedroom.

He hasn't been working for the last few months, expecting to move at any time. However, he's decided recently that he should get a temp job here as he owes OH money for bills at our current house. From this I'm thinking that the visa application may take longer than expected.

As a FTB I'm a little confused by it all. I'm anxious that if he moves in with us that we may get in trouble with mortgage as we didn't state he would be moving in. Would we need to declare he's moving in, even if he's staying (ideally) for a few weeks? Would it make a difference depending if he paid bills/ lived there rent free?

Nothing has been confirmed yet- sale may fall through, visa may get sorted anytime or he may stay on mum's sofa but thought I would check what the implications are for us in case.

Thank you in advance

HB58

Hi, how exciting to be buying your first home!

It doesn't matter who you have to stay, it is your home and your decision. Even if you were to get a lodger, it would be of more interest to your insurers and HMRC than your mortgage provider.

Dogbooks

Hi HB58,

Thank you for the quick response! That's good news to hear and a relief!

I think I was getting worried as there was a section in the mortgage deed form for occupiers to sign. We left it blank as there were no occupiers at the time. I guess if housemate does move in then we could ask him to sign and return to the mortgage people?

Thank you again

mysterymurdoch

This lodger situation has all the makings of "that time I fell out with my friend". I suggest the best thing, long term, is to buy your house and if he needs to leave then leave him to find something. He's a grown up, right?

It'll save any awkwardness in future and will give you and your other half the space to be a couple and enjoy your new home.

Dogbooks

Mysterymurdoch- I think you may be right, particularly if the visa takes a long time to process. OH and housemate went to school together, so I'm keen for their friendship to still stay strong.

I have to admit, I am super excited about just the two of us living together, I've been in house sharing for years so am looking forward to my own space! I guess we all need to have a frank chat with each other... eeek!

davidmcn

Dogbooks wrote: »

I think I was getting worried as there was a section in the mortgage deed form for occupiers to sign. We left it blank as there were no occupiers at the time. I guess if housemate does move in then we could ask him to sign and return to the mortgage people?

No, occupiers' consent is only needed for those resident at the time the mortgage was taken out (usually other adult family members).

Cakeguts

It comes under don't rent to family or friends. So a lodger who is a friend is not advised.

Caroline_a

Is this a work visa? It took about 4 weeks for my daughter's visa for the US from the time she applied, including her appointment to visit the US Embassy. Christmas sounds an awfully long time - are you being led up the garden path??

G_M

LODGERS (Licencees/Excluded Occupiers)
A lodger (broadly) lives in the same property with a resident landlord & shares facilities. Unlike tenants, lodgers have few rights.

The Housing Act 1988 provides definitions of 'Resident Landlord' & 'same property' (S31 & Schedule 1 (10).

See:

LodgerLandlord (21 tips from solicitor Tessa Shepperson + General information site)

Landlordzone (Various articles on taking in lodgers)

Renting out rooms in your home (Government info)

Rent a Room Scheme (HMRC guide for tax-free income from lodgers)

Dogbooks

It comes under don't rent to family or friends. So a lodger who is a friend is not advised.

I can see why it's definitely not advised Cakeguts - we are going to chat to the housemate and see what options he has and what is best for us all

Caroline_a wrote: »

Is this a work visa? It took about 4 weeks for my daughter's visa for the US from the time she applied, including her appointment to visit the US Embassy. Christmas sounds an awfully long time - are you being led up the garden path??

I'm not too sure about the visas but I don't think it is a work visa- he got married to an American and wants to get the visa to live with her.

LODGERS (Licencees/Excluded Occupiers)
A lodger (broadly) lives in the same property with a resident landlord & shares facilities. Unlike tenants, lodgers have few rights.

The Housing Act 1988 provides definitions of 'Resident Landlord' & 'same property' (S31 & Schedule 1 (10).

See:

LodgerLandlord (21 tips from solicitor Tessa Shepperson + General information site)

Landlordzone (Various articles on taking in lodgers)

Renting out rooms in your home (Government info)

Rent a Room Scheme (HMRC guide for tax-free income from lodgers)

GM- thank you so much for the links- I will definitely check these out!

ermine

Dogbooks wrote:

we are going to chat to the housemate and see what options he has and what is best for us all

This has all the hallmarks of a dreadful situation in the making. Move just yourself and your OH into the house you are buying for the two of you. The other person is an adult and failing to make provision for a clearly developing problem he has.

what is best for us all.

There's what's best for you and your OH and what's best for your housemate. For the latter it's obviously best to bimble along not taking control of his developing homelessness situation and to have you fix this for him. For you, not so much.

He could go find digs himself. But why bother if you will do this for him