Renting out side room to house

dandoescare

Hi, any advice on this is most welcome!

I am half way through turning 3 rooms (garage/utility & store room) on the side of my house into extra accommodation to the main house. The long term aim is to give my mother (who suffers from chronic lung disease/COPD) her own living area with a bedroom in the main house. Until that time comes though, I was thinking of getting a lodger in the side room. From my understanding though, unless they are able to come into my house, they can't be described as a lodger, but just a normal tenant who would have to pay separate council tax on the new room? 

Obviously I'd rather not have to do this for several reasons, mainly as all services will be payed for by me and come from the main house (water/gas/electric/internet/netflix etc...), I won't be able to charge as much if there is a 'second council tax' to pay on my house (for adding another living room) and tenants have far more rights than a lodger which might make it complicated for when my mother needs the space to herself.

My question to anyone who might know about this kinda thing is; is there any way around this?? is there a secret cheat, any loop holes that make it legal? Can the "lodger" just use my kitchen once a week to do their laundry to be classed as a lodger? do they have to have a bedroom in my house? can I put anything in the agreement that says I have to be able to gain access to their part to clean twice a week?? shall I say they can keep their pet rat in my conservatory?? They can walk through the house supervised twice a day and have a cup of tea!?

All seems rather petty to me to be honest...I'm not making the house any bigger. I am essentially getting a lodger in but giving them their own kitchen and shower room! 

Anyways...what do you guys think? Have I got any hope in making that work?

Thanks in advance.

[Deleted User]

dandoescare said:

Hi, any advice on this is most welcome!

I am half way through turning 3 rooms (garage/utility & store room) on the side of my house into extra accommodation to the main house. The long term aim is to give my mother (who suffers from chronic lung disease/COPD) her own living area with a bedroom in the main house. Until that time comes though, I was thinking of getting a lodger in the side room. From my understanding though, unless they are able to come into my house, they can't be described as a lodger, but just a normal tenant who would have to pay separate council tax on the new room? 

Obviously I'd rather not have to do this for several reasons, mainly as all services will be payed for by me and come from the main house (water/gas/electric/internet/netflix etc...), I won't be able to charge as much if there is a 'second council tax' to pay on my house (for adding another living room) and tenants have far more rights than a lodger which might make it complicated for when my mother needs the space to herself.

My question to anyone who might know about this kinda thing is; is there any way around this?? is there a secret cheat, any loop holes that make it legal? Can the "lodger" just use my kitchen once a week to do their laundry to be classed as a lodger? do they have to have a bedroom in my house? can I put anything in the agreement that says I have to be able to gain access to their part to clean twice a week?? shall I say they can keep their pet rat in my conservatory?? They can walk through the house supervised twice a day and have a cup of tea!?

All seems rather petty to me to be honest...I'm not making the house any bigger. I am essentially getting a lodger in but giving them their own kitchen and shower room! 

Anyways...what do you guys think? Have I got any hope in making that work?

Thanks in advance.

An excluded occupier aka a lodger is someone who rents a room in their landlord's home and shares facilities such as a bathroom and kitchen with their landlord.  I don't think allowing someone to do their laundry once a week would be enough to make them a lodger.  It might be possible that the person renting the accommodation would be an occupier with basic protection rather than a tenant with an assured shorthold tenancy.  Shelter is a good resource for finding out your rights, responsibilities and obligations even though it's more for renters than landlords.

You might find this petty but these laws exist to protect renters from unscrupulous landlords. 

@CIS is the resident council tax expert so perhap (s)he can give you some guidance on whether this annexe will be subject to its own council tax banding.

wannabe_a_saver

Why don't you just let them have access to the house?

2bFrank

They need access to the house to be classed as a lodger, whether they will use the rest of the house is a different matter if they have everything they need their side. Is the new accommodation self contained (I dont think so with you saying your mum would have a bedroom in the main house). If not, just make sure you do not have any obstructions (e.g. locked doors from the side of the house to the main house) and demonstrate that the lodger has free use of shared space then you will be fine.

It will not protect you if the lodger does decide to use your space, but you can simply end the agreement if you feel that your space is too invaded. There isnt a secret cheat code or loop hole for this unfortunately, the laws are designed to protect tenants and lodgers.

wilfred30

dandoescare said:

My question to anyone who might know about this kinda thing is; is there any way around this?? is there a secret cheat, any loop holes that make it legal? Can the "lodger" just use my kitchen once a week to do their laundry to be classed as a lodger? do they have to have a bedroom in my house? can I put anything in the agreement that says I have to be able to gain access to their part to clean twice a week?? shall I say they can keep their pet rat in my conservatory?? They can walk through the house supervised twice a day and have a cup of tea!?

You're kidding, right? 😲

CIS

If it's enough to be a clearly rented as self-contained accommodation unit then it will almost certainly be enough for it to be banded, irrespective of any lodger/tenant debate.

In respect of the licence/tenancy then it is likely enough to push it over in to being a tenancy even with them having minimal access to your property - remembering, of course, that even if you call it a licence then the courts will readily correct the issue should there be any disputes that arise. Keep in mind that the legal requirements of a landlord and the financial penalties that comes with a breach of it.

lincroft1710

As CIS says if it is a self contained unit of accommodation it will have its own CT band and usually the occupier (rather than you) will be liable for paying the CT. I trust the conversion has both planning permission and building regulations approval. I should point out that many PPs for annexes do not allow the annex being to be rented out, so check the Ts and Cs of your PP. 

justworriedabit

Dear OP
I'm sure you have done this but a heads up to all.
Ensure planing in place, update any building/contents insurance orgs and any lenders and ensure H&S regs are per L criteria.
Take care.

Definite

dandoescare said:

Hi, any advice on this is most welcome!

I am half way through turning 3 rooms (garage/utility & store room) on the side of my house into extra accommodation to the main house. The long term aim is to give my mother (who suffers from chronic lung disease/COPD) her own living area with a bedroom in the main house. Until that time comes though, I was thinking of getting a lodger in the side room. From my understanding though, unless they are able to come into my house, they can't be described as a lodger, but just a normal tenant who would have to pay separate council tax on the new room? 

Obviously I'd rather not have to do this for several reasons, mainly as all services will be payed for by me and come from the main house (water/gas/electric/internet/netflix etc...), I won't be able to charge as much if there is a 'second council tax' to pay on my house (for adding another living room) and tenants have far more rights than a lodger which might make it complicated for when my mother needs the space to herself.

My question to anyone who might know about this kinda thing is; is there any way around this?? is there a secret cheat, any loop holes that make it legal? Can the "lodger" just use my kitchen once a week to do their laundry to be classed as a lodger? do they have to have a bedroom in my house? can I put anything in the agreement that says I have to be able to gain access to their part to clean twice a week?? shall I say they can keep their pet rat in my conservatory?? They can walk through the house supervised twice a day and have a cup of tea!?

All seems rather petty to me to be honest...I'm not making the house any bigger. I am essentially getting a lodger in but giving them their own kitchen and shower room! 

Anyways...what do you guys think? Have I got any hope in making that work?

Thanks in advance.

Maybe don't try and cheat the system. There's an idea. 

zagubov

I think unless you can make an access (perhaps even their only access) to their room(s) from your property you'll struggle to be able to call him a lodger.

A_Lert

If the annexe is self-contained but in the same building, they would be an occupier with basic protection.

If you really want them to be a lodger, your "cheat" is to make the area not be considered an annexe and letting the lodger use the facilities in the main house. Removing the annexe's kitchen or bathroom will do the job.