Do I need to do anything to let my friend live in my home?

elvesandunicorns

I'm a homeowner (with mortgage, in Scotland) and have a spare room. I have a friend in need of a place to stay, and since we get on pretty well I'm happy for them to move in to the spare room.

I have no desire to charge my friend rent so I'm not sure if they'd be classed as a lodger, but they'd contribute towards the energy bills, council tax, and internet. Do I need to do anything or tell anyone? Obviously we'd tell the council that my friend has moved in and I'd stop getting the single person discount on council tax, but is there more I need to do? I can't work out if I'd still be classed as a landlord if I'm not charging them anything to live here. 

MyRealNameToo

Your home insurance will need to know, it may change the clauses on theft now you have a non-family member living with you but it can still be a home policy and not landlords. Obviously premium may change with an additional adult plus potentially an increased amount of stuff being covered by the policy. 

MeteredOut

Not wanting to put a downer on things, but have you looked into what this persons rights would be if you fell out and asked them to leave, and they refused?

Getting on pretty well is very different to living with someone.

eddddy

Your friend would almost certainly just be a guest in your home - who voluntarily contributes towards your bills.

And you can ask a guest to leave at any time, if you want to.



If you put something in writing, it's likely to be regarded as a licence agreement - and your friend might become a lodger, rather than a guest.

And if you put something in writing, you need to be very careful what you say.

For example, I recall that a homeowner wrote an agreement saying that their lodger could stay for 1 year. Things weren't working out, so the homeowner told the lodger to leave.

A court said that the homeowner was in breach of contract, because the licence agreement (contract) said the lodger could stay for 1 year. The homeowner had to pay damages to the lodger.

RAS

You really need to check the rules in Scotland as they are often much stricter than in England and Wales. You may not be able to edit your title as a newbie, but if you can edit your initial post, start by adding Scotland before anything else.

WIAWSNB

Elves, do you have any idea how long this situation is likely to last? 
What is your friend's situation? Are they likely to get an alternative place to stay at some point? Where is their 'family home' - do they visit either regularly or occasionally? Do they have other friends they'll visit and stay with, even for short periods?

When does a prolonged visit become lodging? 
My bro stayed with us for many months after a RTA. Didn't occur to me to check or change anything. (Already paying full CT, tho').

WIAWSNB

I'd have thought the worst case here would be covered by the 'rent a room' scheme? So the info for this must be clearly available.
Best case, it's a friend visiting and staying over on a casual basis.

theartfullodger

Used to be in Scotland (I was landlord there for 20 years....) that a lodger had a tenancy and eviction was interestingly tricky (compared to England ). Not sure since prt etc. 

Shelter scotland appear to confirm they will have common law tenancy. see...
https://scotland.shelter.org.uk/housing_advice/tenants_rights/taking_in_lodger
- also has useful checklist of things..

Check with Scottish association of landlords who probably have paperwork.  If not already a member becomes one .

Mortgage may have conditions, declare ALL rent to HMRC 

brianposter

I seem to remember that there is a minimum rent below which most of the landlord/tenant legislation does not apply.