Help to Buy - Lodger

greatcrested

turning101 said:

oldbikebloke said:

bottom line is, a lodger has a licence ("excluded occupier") and therefore you are in breach of the covenant requiring you to inform them you have one and ask their consent.
your moral stance in that case is a matter for your conscience: keep quite and "get away with" it, or sleep badly worrying you won, ask their consent and be unsurprised when it is given without a quibble. Your choice.

interesting, i didn't know a lodger automatically gained this 'license'

When your mum comes round to dinner, you are granting her a licence to enter your property.  Implied, not even verbal, certainly unlikely to be written!

But nonetheless, in law, she is there with your permission. She has a licence.

You can withdraw that licence at any time (eg she critisises your cooking inexcusably) and you can kick her out.

oldbikebloke

turning101 said:

interesting, i didn't know a lodger automatically gained this 'license'

when deciding on a course of action to get more money, it is wise to understand the legal position you are entering into, not just is the money in your bank yet. 

having a lodger requires you to understand your legal position as landlord and what the law requires you to do when you have one. 
Appears you haven't researched the status of a lodger (see shelter link above), but what about the other things? Have you done them?
read G-M's guide, particularly the links at the bottom of it to .Gov pages telling you what to do and when to do it  https://forums.moneysavingexpert.com/discussion/comment/74464603#Comment_74464603

turning101

oldbikebloke said:

turning101 said:

interesting, i didn't know a lodger automatically gained this 'license'

when deciding on a course of action to get more money, it is wise to understand the legal position you are entering into, not just is the money in your bank yet. 

having a lodger requires you to understand your legal position as landlord and what the law requires you to do when you have one. 
Appears you haven't researched the status of a lodger (see shelter link above), but what about the other things? Have you done them?
read G-M's guide, particularly the links at the bottom of it to .Gov pages telling you what to do and when to do it  https://forums.moneysavingexpert.com/discussion/comment/74464603#Comment_74464603

i am simply trying to do someone a favor. unconcerned about money in the bank.

I am not a solicitor and my viewpoint was these 3 factors to come to the conclusion it was all ok:
- I gained written permission from my mortgage company
- Looking online (helptobuyagent1.org.uk/faqs-equity-loan/) " You may still be able to rent out a room in your home, as long as you continue to also live in the property." 
- The covenant states: "license to occupy any part of the property" - they do not occupy part of the property, it's all shared?

turning101

greatcrested said:

When your mum comes round to dinner, you are granting her a licence to enter your property.  Implied, not even verbal, certainly unlikely to be written!

But nonetheless, in law, she is there with your permission. She has a licence.

You can withdraw that licence at any time (eg she critisises your cooking inexcusably) and you can kick her out.

So i have to gain permission from Homes England for my mum coming round for my crap dinne every sunday???

Salemicus

No, because there is no contract. You gave her a license gratis - and could revoke at any time. Their objection is to a contractual license or right - read the letter they sent you.

turning101

Salemicus said:

No, because there is no contract. You gave her a license gratis - and could revoke at any time. Their objection is to a contractual license or right - read the letter they sent you.

In my original post i stated that there is no contract between me and my lodger

Annisele

turning101 said:

In my original post i stated that there is no contract between me and my lodger

But you also implied you were receiving rent from the lodger ("the payments I'm receiving ..."). If your lodger is paying you rent in exchange for the right to stay in your house, that's a contract. It doesn't sound like it's a written contract, but it's still a contract.

oldbikebloke

turning101 said:

Salemicus said:

No, because there is no contract. You gave her a license gratis - and could revoke at any time. Their objection is to a contractual license or right - read the letter they sent you.

In my original post i stated that there is no contract between me and my lodger

and you have already been asked to read the links others have given you so you fill in the obvious gaps in your research on taking a lodger.
READ HERE
https://england.shelter.org.uk/legal/security_of_tenure/basic_principles_security_of_tenure/what_is_a_licence

Salemicus

turning101 said:

Salemicus said:

No, because there is no contract. You gave her a license gratis - and could revoke at any time. Their objection is to a contractual license or right - read the letter they sent you.

In my original post i stated that there is no contract between me and my lodger

A contract does not have to be written. A contract is just the agreement between two (or more) parties about something. When you buy a packet of crisps from Tesco, you form a contract. If you are receiving rent from your friend, you have a contract, whether you know it or not.

What you don't have is a written contract. That just means that (1) it is unclear what is in your contract, and (2) many of the terms will be default ones from the government, rather than terms you and your friend have chosen. This is bad for both of you. Agree a contract in writing. You don't need a lawyer, there are lots of templates on the internet.