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

theartfullodger

Murphybear said:

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.  

I stated it could not be an AST & murph correctly pointed out laws can be complicated.  See re this point schedule 1 of Housing Act 1988 "Tenancies which cannot be Assured tenacies" section 10 "Resident landlords.."
https://www.legislation.gov.uk/ukpga/1988/50/contents

""" 10 (1) A tenancy in respect of which the following conditions are fulfilled—

  (a)   that the dwelling-house forms part only of a building and, except in a case where the dwelling-house also forms part of a flat, the building is not a purpose-built block of flats; and

etc etc etc   """"

In this case it CANNOT be an AST.

Please read the whole lot to check.

Best regards to all.