Renting to Friends Whilst Abroad for 15 Months

Comms69

brianposter wrote: »

Difficult to find much which is why I have left it to the OP to research.

In principle it requires that the occupant does not have exclusive use of any part of the premises and does not pay rent, but can pay expenses.
The OP has already pointed out that the house will remain their home whilst they are abroad.

You're incorrect on most of that.


But yes lack of rent payment would mean that a tenancy could not exist

brianposter

Comms69 wrote: »

You're incorrect on most of that.

Perhaps you would care to provide some relevant links ?

Comms69

brianposter wrote: »

Perhaps you would care to provide some relevant links ?

Not really no. I don't need to verify anything for your sake. I know I'm right, many people on here will know that too.




Difficult to find much which is why I have left it to the OP to research. - Is it? Google is your friend. There are several components for a tenancy to exist, a key aspect is rent is payable

In principle it requires that the occupant does not have exclusive use of any part of the premises - which they would in this case and does not pay rent - agreed , but can pay expenses. - depends on who's expenses
The OP has already pointed out that the house will remain their home whilst they are abroad. - No it wont. If someone moves in, it is no longer their home. Regardless of if rent is payable or not. They cannot claim to hold residency by virtue of not being permanently resident in the UK

SmashedAvacado

the tax position as a non resident landlord is not at all complicated. Its very simple. You file a form with the IR and do a tax return. that's about it.

foxy-stoat

SmashedAvacado wrote: »

the tax position as a non resident landlord is not at all complicated. Its very simple. You file a form with the IR and do a tax return. that's about it.

Or do it the correct way, you pay the HMRC the tax element on the rent and not to the landlord.

Comms69

foxy-stoat wrote: »

Or do it the correct way, you pay the HMRC the tax element on the rent and not to the landlord.

That is not 'the correct way'.


It is perfectly correct for a landlord to register as living abroad and the tenant pays the gross amount to the LL.

brianposter

Comms69 wrote: »

Not really no. I don't need to verify anything for your sake. I know I'm right, many people on here will know that too.




Difficult to find much which is why I have left it to the OP to research. - Is it? Google is your friend. There are several components for a tenancy to exist, a key aspect is rent is payable

In principle it requires that the occupant does not have exclusive use of any part of the premises - which they would in this case and does not pay rent - agreed , but can pay expenses. - depends on who's expenses
The OP has already pointed out that the house will remain their home whilst they are abroad. - No it wont. If someone moves in, it is no longer their home. Regardless of if rent is payable or not. They cannot claim to hold residency by virtue of not being permanently resident in the UK

Most of these opinions appear to be factual nonsense.
If my belongings remain in a property and the occupant is not a tenant then they do not have exclusive use of the property.
The OP can investigate which expenses can reasonably be paid - you appear to be suggesting that the licensee can pay the mortgage but I suspect that they cannot safely do so.
Whether a house is someones home is simply a matter of fact based on the circumstances. The OP seems to have made it quite clear that the house remains their home - non-residency is merely one of the factors which might be considered and it is perfectly possible to have a home in the UK whilst being non-resident.

Comms69

brianposter wrote: »

Most of these opinions appear to be factual nonsense.
If my belongings remain in a property and the occupant is not a tenant then they do not have exclusive use of the property. - Why are they not a tenant? Because it's nothing to do with whether your furniture is in place or not. You seem to be putting the cart before the horse

The OP can investigate which expenses can reasonably be paid - you appear to be suggesting that the licensee can pay the mortgage but I suspect that they cannot safely do so. - I almost certainly am not suggesting that? What are you reading to suggest even remotely where I say that

Whether a house is someones home is simply a matter of fact based on the circumstances. - Indeed, those circumstances include whether the law considers you to be resident in the country...


The OP seems to have made it quite clear that the house remains their home - they can make it clear that the house is a spaceship if they want to, doesn't make it so - non-residency is merely one of the factors which might be considered and it is perfectly possible to have a home in the UK whilst being non-resident.

Yes, it is possible to have a 'home'; a physical building which you own.


But for the purposes of a tenancy arrangement your opinion is clearly rather irrelevant.


I strongly suggest you do some research before posting more incorrect 'advice' which is likely to cause serious hardship for real people.

brianposter

Here are some comments on licensees

http://england.shelter.org.uk/legal/security_of_tenure/basic_principles_security_of_tenure/what_is_a_licence

and tenants

http://england.shelter.org.uk/legal/security_of_tenure/basic_principles_security_of_tenure/what_is_a_tenancy

Comms69

brianposter wrote: »

Here are some comments on licensees

http://england.shelter.org.uk/legal/security_of_tenure/basic_principles_security_of_tenure/what_is_a_licence

and tenants

http://england.shelter.org.uk/legal/security_of_tenure/basic_principles_security_of_tenure/what_is_a_tenancy

Not sure what your point is to be honest.


Think i'll just call you out everytime you post incorrect info