Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • Cloudforum
    • By Cloudforum 13th Jan 19, 10:37 PM
    • 3Posts
    • 0Thanks
    Cloudforum
    Live In Landlord - Defintion?
    • #1
    • 13th Jan 19, 10:37 PM
    Live In Landlord - Defintion? 13th Jan 19 at 10:37 PM
    Hi everyone

    Im looking for some advice on what constitutes a live in landlord.
    Im interested in taking over a spare room in a flat. The couple who owns it are moving to Portugal for a year with work, but are keeping their bedroom for the odd weekend or work visit back to the London.

    As theyre keeping their bedroom, does this constitute them being a live in landlord/I am therefore a lodger? Or does their main place of residence change and they become live out landlords, and I am a tenant?

    Not sure if there is a minimum amount of time that a landlord has to live in the property in order to be one or the other.
    Any advice would be very much appreciated!

    Thank you in advance
Page 1
    • Comms69
    • By Comms69 13th Jan 19, 10:38 PM
    • 6,405 Posts
    • 6,778 Thanks
    Comms69
    • #2
    • 13th Jan 19, 10:38 PM
    • #2
    • 13th Jan 19, 10:38 PM
    No, you’re a tenant. They’re not even resident in the UK, let alone the flat
    • Red-Squirrel
    • By Red-Squirrel 13th Jan 19, 10:46 PM
    • 3,997 Posts
    • 10,764 Thanks
    Red-Squirrel
    • #3
    • 13th Jan 19, 10:46 PM
    • #3
    • 13th Jan 19, 10:46 PM
    If you choose to let them use one of your bedrooms when they visit the UK that would be entirely up to you and they would be your guests.
    • G_M
    • By G_M 13th Jan 19, 10:47 PM
    • 46,494 Posts
    • 56,444 Thanks
    G_M
    • #4
    • 13th Jan 19, 10:47 PM
    • #4
    • 13th Jan 19, 10:47 PM
    It is clearly not their main residence.


    Most likely, if you allow them to stay "for the odd weekend or work visit" they will be your lodger....
    • 00ec25
    • By 00ec25 13th Jan 19, 10:50 PM
    • 7,489 Posts
    • 7,196 Thanks
    00ec25
    • #5
    • 13th Jan 19, 10:50 PM
    • #5
    • 13th Jan 19, 10:50 PM
    If you choose to let them use one of your bedrooms when they visit the UK that would be entirely up to you and they would be your guests.
    Originally posted by Red-Squirrel
    not so simple

    perfectly possible for them to make it a house share where the OP has an AST of a bedroom and access to common parts whilst they retain their own room

    still makes OP a tenant not a lodger, and they certainly are not resident LL, but neither will they be OP's lodgers, if they get the correct contracts drawn up
    • Red-Squirrel
    • By Red-Squirrel 13th Jan 19, 10:55 PM
    • 3,997 Posts
    • 10,764 Thanks
    Red-Squirrel
    • #6
    • 13th Jan 19, 10:55 PM
    • #6
    • 13th Jan 19, 10:55 PM
    not so simple

    perfectly possible for them to make it a house share where the OP has an AST of a bedroom and access to common parts whilst they retain their own room

    still makes OP a tenant not a lodger, and they certainly are not resident LL, but neither will they be OP's lodgers, if they get the correct contracts drawn up
    Originally posted by 00ec25
    If he's the only person living there is that remotely legitimate?
    • zagubov
    • By zagubov 13th Jan 19, 11:15 PM
    • 15,735 Posts
    • 132,529 Thanks
    zagubov
    • #7
    • 13th Jan 19, 11:15 PM
    • #7
    • 13th Jan 19, 11:15 PM
    OP, be careful you don't end up with the hassle having to deal with the tax
    authorities on your rent due to your landlord being overseas.
    There is no honour to be had in not knowing a thing that can be known - Danny Baker
    • Cloudforum
    • By Cloudforum 13th Jan 19, 11:29 PM
    • 3 Posts
    • 0 Thanks
    Cloudforum
    • #8
    • 13th Jan 19, 11:29 PM
    • #8
    • 13th Jan 19, 11:29 PM
    Hi, and thank you for the responses. Do you know of an online/publicly available resource for template contracts that might help us draw up the correct forms?

    Thank you
    • Cloudforum
    • By Cloudforum 13th Jan 19, 11:30 PM
    • 3 Posts
    • 0 Thanks
    Cloudforum
    • #9
    • 13th Jan 19, 11:30 PM
    • #9
    • 13th Jan 19, 11:30 PM
    @zagubov thank you, my understanding is that tax is handled by the landlord via self assessment tax forms, is there anything else I should be aware of when it comes to tax authorities that could cause me grief further down the line?

    Appreciate the advice!
    • Slithery
    • By Slithery 13th Jan 19, 11:33 PM
    • 1,126 Posts
    • 1,819 Thanks
    Slithery
    Yes.

    If your landlord lives overseas then you are responsible for retaining 20% of the rent and paying it to directly to the tax man yourself on their behalf, unless your LL can produce a letter from HMRC stating otherwise.
    • G_M
    • By G_M 14th Jan 19, 12:14 AM
    • 46,494 Posts
    • 56,444 Thanks
    G_M
    Yes.

    If your landlord lives overseas then you are responsible for retaining 20% of the rent and paying it to directly to the tax man yourself on their behalf, unless your LL can produce a letter from HMRC stating otherwise.
    Originally posted by Slithery
    See


    HMRC (Non Resident [= overseas] Landlord Scheme)
    • 00ec25
    • By 00ec25 14th Jan 19, 8:11 AM
    • 7,489 Posts
    • 7,196 Thanks
    00ec25
    If he's the only person living there is that remotely legitimate?
    Originally posted by Red-Squirrel
    very much so
    it is called a house share... a tenant is not defined in terms of "living there"

    just because one person is the owner does not stop the AST being limited to a single bedroom
    • saajan_12
    • By saajan_12 14th Jan 19, 9:37 AM
    • 1,541 Posts
    • 1,146 Thanks
    saajan_12
    OP can't be a lodger if the property isn't the landlords' main residence.

    If you choose to let them use one of your bedrooms when they visit the UK that would be entirely up to you and they would be your guests.
    Originally posted by Red-Squirrel
    Most likely, if you allow them to stay "for the odd weekend or work visit" they will be your lodger....
    Originally posted by G_M
    However I'd be careful with these, if you rent one bedroom + access to common areas then that's all you have.. an AST for a room. The LL can retain a room for themselves / another tenant. Further, common areas would be open for the LL to access. You only have exclusive use of your room.
    • Red-Squirrel
    • By Red-Squirrel 14th Jan 19, 10:46 AM
    • 3,997 Posts
    • 10,764 Thanks
    Red-Squirrel
    very much so
    it is called a house share... a tenant is not defined in terms of "living there"

    just because one person is the owner does not stop the AST being limited to a single bedroom
    Originally posted by 00ec25
    How can it be a house share with one occupant?
    • Comms69
    • By Comms69 14th Jan 19, 10:58 AM
    • 6,405 Posts
    • 6,778 Thanks
    Comms69
    How can it be a house share with one occupant?
    Originally posted by Red-Squirrel


    I understand the practical situation may appear absurd, but with house shares its common for people to move out at different times and for rooms to be vacant.


    The AST would specify the property in question, IE Room 1, 1 ABC Rd.


    On the upside, the tenant wouldn't be paying any bills / council tax.
    • 00ec25
    • By 00ec25 14th Jan 19, 7:53 PM
    • 7,489 Posts
    • 7,196 Thanks
    00ec25
    How can it be a house share with one occupant?
    Originally posted by Red-Squirrel
    you are being slow...
    the OP would have an AST of a specified bedroom
    the owner would retain access to a specified bedroom
    Patently they cannot share the same room, so that makes it a house share, each has their own bedroom plus access to the rest of the property on a common/shared basis

    the number of occupants at any one point in time is irrelevant. The owner has the right to turn up and stay in their room as frequently or infrequently as they want. Still makes it a house share even if they never once visit it.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

3,454Posts Today

9,573Users online

Martin's Twitter
  • Perhaps the only thing we truly learn from this poll is we are generally optimistic. Most Brexiteers think Brexit w? https://t.co/DoosVRvneE

  • RT @MoneySavingExp: ??Join the UK's biggest consumer website ??Make a difference ??Work with brilliant journalists ??Collaborate with top b?

  • Today's Twitter poll: Do you believe the UK will leave the European Union in 2019? PS. Twitter/my following tends? https://t.co/U3DknxaJOG

  • Follow Martin