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Partner moving into my one bed flat - can she be a lodger?

Hi everyone,

So my partner is going to move in with me. It is a one bed flat that I have a mortgage on and is solely in my name.

She already has a mortgage on half of a 2 bedroom flat with her friend. Her plan is to rent out her room to a friend (to continue paying off her mortgage) and pay me rent to help with my mortgage.

Does anyone know what the best way to do this would be? I doubt she could be put down as a lodger (under the Rent a room scheme) as it is only one bedroom (and I believe there are rules about your lodger being your partner anyway). Would I have to change my mortgage type or would there be tax implications in receiving some form of contribution from my partner?

Any help would be really appreciated. Thanks
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Comments

  • sevenhills
    sevenhills Posts: 5,938 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    gilesm89 wrote: »
    So my partner is going to move in with me. It is a one bed flat that I have a mortgage on and is solely in my name.

    She already has a mortgage on half of a 2 bedroom flat with her friend. Her plan is to rent out her room to a friend (to continue paying off her mortgage) and pay me rent to help with my mortgage.

    Does anyone know what the best way to do this would be? I doubt she could be put down as a lodger (under the Rent a room scheme) as it is only one bedroom (and I believe there are rules about your lodger being your partner anyway). Would I have to change my mortgage type or would there be tax implications in receiving some form of contribution from my partner?

    Any help would be really appreciated. Thanks


    Does what you and your parnter do need to be the concern of the authorities?


    You can formalise aspects of your status with a partner by drawing up a legal agreement called a cohabitation contract or living together agreement. A living together agreement outlines the rights and obligations of each partner towards each other. It is not clear whether living together agreements are legally enforceable but they can be useful to remind a couple of their original intentions. In practice, instead of a living together agreement, or as well as, it's possible to make a series of legally enforceable agreements on specific matters, for example, how a jointly-owned house is shared. If you want to do this, you will need legal advice.


    https://www.citizensadvice.org.uk/family/living-together-marriage-and-civil-partnership/living-together-and-marriage-legal-differences/


    A lodger agreement maybe ok for your partners half share of her house.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    My lodgers never shared my bed....
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    sevenhills wrote: »

    A lodger agreement maybe ok for your partners half share of her house.
    Not sure how that would work. Genuinely uncertain.

    If the 'lodger' moved into the partners room in the jointly owned 2 bed flat:

    * if they pay rent to OP, then they are not sharing with their landlord so they are a tenant (I think)
    * if they pay rent to OP's joint owner, who still lives there, then they'd be a lodger, but OP does not get the rent
  • sevenhills
    sevenhills Posts: 5,938 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    G_M wrote: »
    Not sure how that would work. Genuinely uncertain.

    If the 'lodger' moved into the partners room in the jointly owned 2 bed flat:

    * if they pay rent to OP, then they are not sharing with their landlord so they are a tenant (I think)
    * if they pay rent to OP's joint owner, who still lives there, then they'd be a lodger, but OP does not get the rent


    The joint ownership of the flat is irrelevant to the lodger.
  • Tom99
    Tom99 Posts: 5,371 Forumite
    1,000 Posts Second Anniversary
    sevenhills wrote: »
    A lodger agreement maybe ok for your partners half share of her house.


    [FONT=Verdana, sans-serif]You can't have a lodger if you don't live in the same property with your lodger, they would become a tenant with all the rights a tenant enjoy.[/FONT]
    [FONT=Verdana, sans-serif]Its possible your partners friend could be the landlord of this lodger if the friend lives in the property.[/FONT]
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    sevenhills wrote: »
    The joint ownership of the flat is irrelevant to the lodger.
    No but who they pay rent to is relevant as that is their landlord.
  • zagubov
    zagubov Posts: 17,938 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    In fact, if the OP's partner is renting out her own room, the new occupant can't be a lodger, as if the relationship should end, she would need the "lodger's" room back, unless she was prepared to sleep elsewhere (e.g her own living room or something).

    I just don't think this can work at all on a lodging basis.
    There is no honour to be had in not knowing a thing that can be known - Danny Baker
  • gilesm89
    gilesm89 Posts: 36 Forumite
    Sixth Anniversary 10 Posts
    OK, so this seems to not be as simple as I was hoping it might be! Thanks for your replies.
  • sevenhills
    sevenhills Posts: 5,938 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    G_M wrote: »
    No but who they pay rent to is relevant as that is their landlord.


    The 'landlord' would be the owner(s) of the property. As the OP has stated, doing things 100% legally might be complex, as both owners would need to agree and seek permision.
    Although when I got permission from my building society, The Coventry, they didnt seem bothered in the slightest about a lodger.
  • silvercar
    silvercar Posts: 49,685 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    The landlord of the property is the owner, in this case the GF and her friend. As one of the landlords live in the property, the person renting would be a lodger.
    I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
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