What sort of licence/tenancy agreement do I need? (Scotland)

Lollapalooza86

I own my own house in Scotland. My partner is in the army and is now based in England, he is buying a property down there which I plan to live in with him for the next 5 years or so until he retires. I really don't want to sell my house as we plan to live here after he retires, so I'm looking into medium term options to cover the mortgage here in the meantime. We would still want to come and stay in the house for some weekends and holidays, rather than give exclusive access to others, so there would be shared living spaces but my bedroom off limits.

My mortgage bank has confirmed that they would allow me a consent to let for 27 months for private residential tenancies only, with potential to extend on a yearly basis (my current fixed term ends in Dec 2029). My initial thought was to go down the lodger route though as opposed to private residential tenancy especially since it sounds like tenants will have more rights in future with the current bill going through parliament - I don't want to get into a situation where I can't come back to stay in my own house during the 5 years or be able to move back in permanently when my partner retires (subject to the required notice period of course).

But from reading these forums it sounds like if I will be away most of the time, even if this is my main registered address, a lodger would be able to argue they are a tenant anyway? 

In either scenario, would I need to register with the Council on a short term let basis or as a landlord?

user1977

Lollapalooza86 said:

My initial thought was to go down the lodger route though as opposed to private residential tenancy especially since it sounds like tenants will have more rights in future with the current bill going through parliament 

Which Bill? I'm not aware of any forthcoming changes in Scotland. Private Residential Tenancies allow you to serve notice if you are moving back in.

I'm not sure that you being there only for "some weekends and holidays" is sufficient to make a tenant merely a lodger.

Lollapalooza86

Ahh, I am seeing that this only applicable to England @user1977?

https://www.gov.uk/government/publications/guide-to-the-renters-rights-bill/guide-to-the-renters-rights-bill#overview-of-bill-measures

user1977

Lollapalooza86 said:

Ahh, I am seeing that this only applicable to England @user1977?

https://www.gov.uk/government/publications/guide-to-the-renters-rights-bill/guide-to-the-renters-rights-bill#overview-of-bill-measures

Yes, landlord and tenant matters are devolved (and always have been). Essentially the English are going to have a system similar to the Private Residential Tenancies already in place in Scotland.

Lollapalooza86

My question then is whether a private residential tenancy agreement could allow me to visit my own property at weekends and holidays, reading all the rules it seems like the tenant could refuse me access except to do required repairs.