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Do lodgers need a TV license? confusing phrasing

pieroabcd
pieroabcd Posts: 679 Forumite
Fourth Anniversary 500 Posts Name Dropper
Hi,
yesterday a friend of mine told me that she needs a TV license for the newly bought TV for her bedroom. Knowing that she's a lodger I thought that she doesn't need one because the owners are already paying for it.
She showed me that the phrasing on various web sites that she visited is confusing.

The MSE web site reads 

If you're a lodger and/or have a relationship with the homeowner (such as a family member, partner, nanny, au pair, housekeeper), you'll be covered by their licence, provided you live in the same building and don't have your own cooking or washing facilities.

while the official tvlicensing web site reads
If you’re a lodger and have a relationship with the homeowner who has a valid licence – for example, a family member, common law partner, a nanny, au pair or housekeeper - you don't need a TV Licence.
You’re covered by the homeowner’s TV Licence if they have one, but only if you live in the same building. If you live in self-contained accommodation, such as a separate flat or annex, you need your own separate licence.

She's the typical lodger: she has exclusive use of her bedroom and bathroom, but she shares the kitchen, lounge, landing and garden with the owners. They all live in the main building. She's not in a relationship with any of them.

Now, that and/or specification in MSE makes me believe that she's covered, but the TVlicensing reads If you’re a lodger and have a relationship with the homeowner who has a valid licence - seems to imply that she's not covered by the existing license. On the other hand the second sentence in the same site seems to imply that she's covered.

For me it's all very confusing. For my friend's case the two sentences in TVlicensing seem to punch with each other, unless it has to be interpreted that she's covered for watching TV in the communal rooms but she needs a license for the TV in her bedroom?


Does anyone have experience with cases like this?

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Comments

  • tightauldgit
    tightauldgit Posts: 2,628 Forumite
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    If the address has a license and there's no separate listing (like a 20 and 20a or something) then I doubt anyone is going to ask any questions in any case, but I'm fairly confident that lodgers don't need a separate TV license
  • TBagpuss
    TBagpuss Posts: 11,236 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    It is confusing,  https://www.landlordlawblog.co.uk/2013/01/23/tv-licence-issues-for-tenants-and-lodgers/ seems to suggest that a lodger who is not related to their landlord or employed by them is supposed to have their own, IF they are watching in their own room. 
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • pieroabcd
    pieroabcd Posts: 679 Forumite
    Fourth Anniversary 500 Posts Name Dropper
    edited 13 April 2023 at 5:06PM
    TBagpuss said:
    It is confusing,  https://www.landlordlawblog.co.uk/2013/01/23/tv-licence-issues-for-tenants-and-lodgers/ seems to suggest that a lodger who is not related to their landlord or employed by them is supposed to have their own, IF they are watching in their own room. 

    my view too.
    I wonder if people that write the official reference pages actually read them.
    Does it take so much?
  • stuhse
    stuhse Posts: 303 Forumite
    Third Anniversary 100 Posts Name Dropper
    edited 13 April 2023 at 6:20PM
    Tell her to Hoover a room or two  once a week  then she is a housekeeper. 😉 or the TV belongs to the house owner.
  • tightauldgit
    tightauldgit Posts: 2,628 Forumite
    1,000 Posts Second Anniversary Name Dropper
    TBagpuss said:
    It is confusing,  https://www.landlordlawblog.co.uk/2013/01/23/tv-licence-issues-for-tenants-and-lodgers/ seems to suggest that a lodger who is not related to their landlord or employed by them is supposed to have their own, IF they are watching in their own room. 
    They kind of ruined that analysis by suggesting you don't need a license to watch iPlayer at the end.

    The reality of the situation for a lodger is that if the address has a TV license then nobody is going to check further so legal confusion aside there is no need for one.  


  • HillStreetBlues
    HillStreetBlues Posts: 5,945 Forumite
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    edited 13 April 2023 at 7:21PM
    TBagpuss said:
    It is confusing,  https://www.landlordlawblog.co.uk/2013/01/23/tv-licence-issues-for-tenants-and-lodgers/ seems to suggest that a lodger who is not related to their landlord or employed by them is supposed to have their own, IF they are watching in their own room. 
    They kind of ruined that analysis by suggesting you don't need a license to watch iPlayer at the end.


    That's the trouble of posting a 10 year old link, some info is out of date.


    The reality of the situation for a lodger is that if the address has a TV license then nobody is going to check further so legal confusion aside there is no need for one.  


    Agreed.
    I think it's a bit far-fetched for  a license officer knocking on the door and saying " I know you have a license but need to check if you have lodger who isn't related to you living there and watching TV?"
    Let's Be Careful Out There
  • Van_Girl
    Van_Girl Posts: 398 Forumite
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    If she's a lodger, she technically does not have exclusive use of her bedroom or bathroom, as she's an excluded occupier. I get that no one else uses them, but they are still part of the home that belongs to the live in landlord and they retain the right to enter these spaces

    So in my opinion, it's part of the family home and is covered by their TV licence


    £12k in 25 #14 £9,148.42/£18k 24 #14 £15,653.11/£18k 23 #14 £17,195.80/£18k 22 #20 £23,024.86/£23k
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    • pieroabcd
      pieroabcd Posts: 679 Forumite
      Fourth Anniversary 500 Posts Name Dropper



      The reality of the situation for a lodger is that if the address has a TV license then nobody is going to check further so legal confusion aside there is no need for one.  


      Agreed.
      I think it's a bit far-fetched for  a license officer knocking on the door and saying " I know you have a license but need to check if you have lodger who isn't related to you living there and watching TV?"
      definitely true.
    • pieroabcd
      pieroabcd Posts: 679 Forumite
      Fourth Anniversary 500 Posts Name Dropper
      Van_Girl said:
      If she's a lodger, she technically does not have exclusive use of her bedroom or bathroom, as she's an excluded occupier. I get that no one else uses them, but they are still part of the home that belongs to the live in landlord and they retain the right to enter these spaces

      So in my opinion, it's part of the family home and is covered by their TV licence


      That's definitely an interesting point.
    • sillyvixen
      sillyvixen Posts: 3,641 Forumite
      Part of the Furniture 1,000 Posts Photogenic Name Dropper
      Does she have a lock on her door, if so I believe she needs a licence, if not she is covered in the same way as any family member having a TV in their bedroom assuming the household holds a TV licence. 
      Dogs return to eat their vomit, just as fools repeat their foolishness. There is no more hope for a fool than for someone who says, "i am really clever!"
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