Live In Landlord - Defintion?

Cloudforum

Hi everyone

I’m looking for some advice on what constitutes a live in landlord.
I’m interested in taking over a spare room in a flat. The couple who owns it are moving to Portugal for a year with work, but are keeping their bedroom for the odd weekend or work visit back to the London.

As they’re keeping their bedroom, does this constitute them being a live in landlord/I am therefore a lodger? Or does their main place of residence change and they become live out landlords, and I am a tenant?

Not sure if there is a minimum amount of time that a landlord has to live in the property in order to be one or the other.
Any advice would be very much appreciated!

Thank you in advance

Comms69

No, you’re a tenant. They’re not even resident in the UK, let alone the flat

Red-Squirrel_2

If you choose to let them use one of your bedrooms when they visit the UK that would be entirely up to you and they would be your guests.

G_M

It is clearly not their main residence.


Most likely, if you allow them to stay "for the odd weekend or work visit" they will be your lodger....

00ec25

Red-Squirrel wrote: »

If you choose to let them use one of your bedrooms when they visit the UK that would be entirely up to you and they would be your guests.

not so simple

perfectly possible for them to make it a house share where the OP has an AST of a bedroom and access to common parts whilst they retain their own room

still makes OP a tenant not a lodger, and they certainly are not resident LL, but neither will they be OP's lodgers, if they get the correct contracts drawn up

Red-Squirrel_2

00ec25 wrote: »

not so simple

perfectly possible for them to make it a house share where the OP has an AST of a bedroom and access to common parts whilst they retain their own room

still makes OP a tenant not a lodger, and they certainly are not resident LL, but neither will they be OP's lodgers, if they get the correct contracts drawn up

If he's the only person living there is that remotely legitimate?

zagubov

OP, be careful you don't end up with the hassle having to deal with the tax
authorities on your rent due to your landlord being overseas.

Cloudforum

Hi, and thank you for the responses. Do you know of an online/publicly available resource for template contracts that might help us draw up the correct forms?

Thank you

Cloudforum

@zagubov thank you, my understanding is that tax is handled by the landlord via self assessment tax forms, is there anything else I should be aware of when it comes to tax authorities that could cause me grief further down the line?

Appreciate the advice!

Slithery

Yes.

If your landlord lives overseas then you are responsible for retaining 20% of the rent and paying it to directly to the tax man yourself on their behalf, unless your LL can produce a letter from HMRC stating otherwise.

G_M

Slithery wrote: »

Yes.

If your landlord lives overseas then you are responsible for retaining 20% of the rent and paying it to directly to the tax man yourself on their behalf, unless your LL can produce a letter from HMRC stating otherwise.

See


HMRC (Non Resident [= overseas] Landlord Scheme)