Lodger renting annexe – what type of contract and deposit are required?

Kavafy

If I have a lodger renting an annexe in my house – so, shared entrance hallway, but everything else is separate – what type of contract and deposit scheme should I be using? What would the lodger's rights be and what would mine be?

Olinda99

if they have exclusive access and a locked door then it would be an assured shorthold tenancy

your rights would be to have your rent paid fon time

their rights would be to be able to stay there until a court makes them leave

your responsibilities would be huge in complying with all the myriad regulations

chanz4

also deposit protection is required and landlord checks

zagubov

It doesn't sound like they're a lodger. They mustn't have a lock and there must be shared facilities - maybe they can't have exclusive access to the bathroom or kitchen.
Otherwise this looks like a complicated tenancy situation.
Assuming you're not in Scotland, where lodgers automatically have some of the rights of tenants.

Hoenir

Do you have a mortgage on the property? 

_Penny_Dreadful

Kavafy said:

If I have a lodger renting an annexe in my house – so, shared entrance hallway, but everything else is separate – what type of contract and deposit scheme should I be using? What would the lodger's rights be and what would mine be?

Assuming you are in England this sounds like a licence where the lodger will be an occupier with basic protection rather than an excluded occupier, both types of lodger are allowed under the Rent a Room Scheme.

You do not need to protect the deposit in a government backed scheme but the lodger is covered by the Protection from Eviction Act 1977.

https://england.shelter.org.uk/professional_resources/legal/possession_and_eviction/possession_process_for_rented_property/possession_of_basic_protection_tenancies_and_licenses

jonnydeppiwish!

Might be on dodgy ground with the council as well - you may be liable for council tax on it.

lincroft1710

jonnydeppiwish! said:

Might be on dodgy ground with the council as well - you may be liable for council tax on it.

The occupier of the annex would be liable for the CT if it has its own CT band, 

theartfullodger

CANNOT be an AST if in same building as landlord. )Some clause in Housing Act 1988)  Think it's a common law tenancy.

But most landlords, tenants, agents and solicitors won't understand.

Murphybear

theartfullodger said:

CANNOT be an AST if in same building as landlord. )Some clause in Housing Act 1988)  Think it's a common law tenancy.

But most landlords, tenants, agents and solicitors won't understand.

Landlord/tenant laws and issues can be very complicated.  The best thing is to talk to Citizens Advice or Shelter.  The latter is the best place to go for help/advice on housing issues.   Both of their websites have helpful information.  

macman

Sounds like a separate flat with a common entrance, in which case it's a tenancy, not a lodger agreement. Separate dwelling unit, and so subject to separate council tax banding.
Not clear why the OP is describing it as an 'annexe'? We need to see a floor plan.