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What counts as subletting?

I am considering renting out my flat and the use of my computer to people who need office space. They would only be there during the day, they wouldn't live here, it's just a service that I would be providing, perhaps a couple of days a week.

I've spoken to a few people and asked them if this would be considered subletting. They all said of course not, and I myself can't think of why anyone would think it is. But just to be clear, would it be seen as subletting and would it affect housing benefit (apart form the income, of course)?
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Comments

  • antrobus
    antrobus Posts: 17,386 Forumite
    I am considering renting out my flat and the use of my computer to people who need office space. They would only be there during the day, they wouldn't live here, it's just a service that I would be providing, perhaps a couple of days a week. ...

    Do you have planning permission for the change of use of your residential flat to a part time serviced office?
    ..I've spoken to a few people and asked them if this would be considered subletting. They all said of course not, and I myself can't think of why anyone would think it is. But just to be clear, would it be seen as subletting and would it affect housing benefit (apart form the income, of course)?

    It's not their opinion that matters. It's not your opinion that matters. What matters is what your landlord thinks about this plan. Ask them, and see what they say.
  • antrobus wrote: »
    Do you have planning permission for the change of use of your residential flat to a part time serviced office?



    It's not their opinion that matters. It's not your opinion that matters. What matters is what your landlord thinks about this plan. Ask them, and see what they say.

    There's no need for planning permission according to the citizens advice bureau. It's just me letting people in to use my desk and computer while I make myself scarce.

    My landlord is fine about it. I'm just wondering if it's considered subletting and if the council would have a problem with it for any reason.
  • PasturesNew
    PasturesNew Posts: 70,698 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 30 July 2017 at 12:45AM
    It is NOT subletting.

    It can work for people with the right place - and I presume you'll be "lurking" in another room/out of their way while they're working.

    But, do be aware of the problems you could potentially encounter. e.g. if you were to leave the property they might be using your address to receive parcels, or hookers..... who knows what they're doing.

    But, if you have a spare room suitable to be used as an office by somebody who is in, say, a shabby house share, then it's legit.

    You do need to check out the situation re insurance etc.... what if they tripped over your rug traipsing in and broke their laptop and a tooth!

    There could be issues re planning. I am not allowed to run a business from my home - and, depending on how many visitors you get/what the parking's like there, somebody COULD have an issue with what you're doing and report you.

    Running a business from home is a flexible phrase, but comes down to a simple concept: are you causing any kind of nuisance, with increased visitors/deliveries that will annoy the neighbours.... and if whoever you're renting to were to, say, interview 24 people for a job Monday and Tuesday .... that'd p155 some people off.
  • antrobus
    antrobus Posts: 17,386 Forumite
    There's no need for planning permission according to the citizens advice bureau. It's just me letting people in to use my desk and computer while I make myself scarce...

    .. in return for the payment of money. That is a business.

    What does the council say about it?
    ...My landlord is fine about it. I'm just wondering if it's considered subletting and if the council would have a problem with it for any reason.

    If the landlord is "fine about it", why are you so fixated on this "subletting". Your council (and indeed your neighbours) may well "have a problem" with you running a part time serviced office from your residential flat.
  • tomtom256
    tomtom256 Posts: 2,242 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Presumably OP is on HB hence why they are wondering what the council will think.

    Without all the facts. correct advice cannot be given.
  • BorisThomson
    BorisThomson Posts: 1,721 Forumite
    1,000 Posts Combo Breaker
    Make sure you get public liability insurance.

    And let your home insurance know you're renting out space in your home for business use.

    The landlord will also need to advise his insurers of the change of use.
  • Placitasgirl
    Placitasgirl Posts: 408 Forumite
    Eighth Anniversary 100 Posts Name Dropper
    On top of getting public liability insurance and advising your home insurance provider that you're operating a business from your home you'll also need to declare any income you make from this business to HMRC and to DWP if you're claiming any income related benefits or tax credits, and your local authority if you're claiming Housing Benefit if applicable.

    Surely this business enterprise (it is most definitely a business) will cost you more in time and money if your run it legitimately than it can possibly be worth for a couple of days a week?
  • tomtom256 wrote: »
    Presumably OP is on HB hence why they are wondering what the council will think.

    Without all the facts. correct advice cannot be given.

    Yes I'm on housing benefit. I did mention this.
  • Sandy_Mandy
    Sandy_Mandy Posts: 4 Newbie
    edited 30 July 2017 at 9:39AM
    antrobus wrote: »
    .. in return for the payment of money. That is a business.

    What does the council say about it?



    If the landlord is "fine about it", why are you so fixated on this "subletting". Your council (and indeed your neighbours) may well "have a problem" with you running a part time serviced office from your residential flat.

    Because the council might see it as subletting. And they're the ones who pay housing benefit.

    I haven't yet had a chance to ask the council. Do you know if the council would have any problem with this?
  • tomtom256
    tomtom256 Posts: 2,242 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Yes I'm on housing benefit. I did mention this.

    Sorry yes you did, missed it.

    It will be classed as self-employment for benefit purposes, as you will be running a business and any income will be taken off your entitlement.

    If you are not going to make any money then there is no point even considering this.
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