Do you have to use a secure deposite scheme...

xapprenticex

If you are only renting a room in your house to a lodger? It's something i may do in the future.

Also if you have to, what are the consequences if you dont and i THINK i recall reading that a lodger/tenant doesnt have to pay if you dont use a scheme?

Thanks

Pixie5740

Resident landlords are not required to protect the deposit of an excluded occupier (lodger).

saajan_12

xapprenticex wrote: »

If you are only renting a room in your house to a lodger? It's something i may do in the future.

Also if you have to, what are the consequences if you dont and i THINK i recall reading that a lodger/tenant doesnt have to pay if you dont use a scheme?

Thanks

Wherever you 'recall' reading from, did you bother to bang "lodger deposit" in a search engine? First page gives the following from essentially the top renting websites.
https://www.gov.uk/rent-room-in-your-home/rent-bills-and-tax
https://forums.moneysavingexpert.com/discussion/1136391
http://www.landlordzone.co.uk/forums/showthread.php?26192-Renting-a-room-Does-deposit-protection-scheme-apply
https://england.shelter.org.uk/housing_advice/private_renting/return_of_a_lodgers_deposit
https://www.lovemoney.com/news/20614/lodgers-rights-tenants-rights

I'll do the reading for you.. no you don't have to use a scheme as a live in landlord and tenants or lodgers still have to pay rent, regardless of whether the deposit is protected. The penalties of non protection when it is required, involve not being able to use a Section 21 notice and a 1-3x deposit penalty paid to the tenant.

G_M

No, the the scheme is for Assured Tenancies(not lodgers).

Lodger landlords can use the schemes voluntarily if they wish.

If the LL does not use the scheme he can request a deposit from the lodger and hold it himself.

The lodger can refuse to pay. The LL can then refuse to let him have the room!

see also

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)

xapprenticex

Pixie5740 wrote: »

Resident landlords are not required to protect the deposit of an excluded occupier (lodger).

Straight to the point, excellent thanks

saajan_12 wrote: »

... snip ...

I advise you pull that baseball bat out of your ###, its messing with your blood pressure.

G_M wrote: »

No, the the scheme is for Assured Tenancies(not lodgers).

Lodger landlords can use the schemes voluntarily if they wish.

If the LL does not use the scheme he can request a deposit from the lodger and hold it himself.

The lodger can refuse to pay. The LL can then refuse to let him have the room!

see also

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)

Excellent, just what i needed, very helpful. Thanks.

G_M

It's like being at school here isn't it?

Pixie: A- :T

Saajan_12: C

G_M: A+ :beer::beer::beer: