In law, a resident landlord letting is one where the landlord and the person he or she lets to live in the same building. They typically share facilities like kitchen & bathroom etc
If you do not live in the premises and are wishing to rent individual rooms click here.
WARNING if you were entitled to use a licence agreement and treat the person as a lodger, but you accidently issue an Assured Shorthold Tenancy (AST), you will have increased the rights of the tenant and they will now be afforded protection under the Housing Acts. Use our Lodger Agreement from the start. Note: once you have issued your tenant with an AST you will not be able to revoke it or try to use the lodger agreement at renewal!"
If you already have a lodger or are thinking about letting furnished rooms in your home, you can receive up to £4,250 a year tax-free (£2,125 if letting jointly). This is known as the Rent a Room scheme. see the government guide The Rent a Room scheme
They are not a lodger where the property is split into purpose built flats, with landlord and occupier in different flats, or you do not live in the same property as the person you let to, In this case it is more than likely your should be using an Assured Shorthold Tenancy (see What is an AST?) -and see compare tenancy agreement
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Renting to three or more lodgers and the property is three stories or more and you may need a property licence see HMO Licence
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VERY IMPORTANT - If you do not live in the property [it is not your residence] then click here
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NEVER ISSUE AN AST - If you were entitled to use a licence agreement and treat the person as a lodger, but you accidently issue an Assured Shorthold Tenancy (AST), you will have increased the rights of the tenant and they will now be afforded protection under the Housing Acts. Use our Lodger Agreement from the start. Note: once you have issued your tenant with an AST you will not be able to revoke it or try to use the lodger agreement at renewal!"
LODGER OR NOT STILL NOT SURE?
The answer is dependant on whether or not it qualifies as the landlord's principal private residence (PPR). To determine this we should look at the following types of question to provide an indication:
- Where is the landlord registered to vote?
- What address is stipulated on the landlord's driving licence?
- What address are the landlord's bank accounts registered to?
- Where will the landlord spend the majority of their time?
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