Lodger in main residence by planning to stay short term in another residence?

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    Lodger in main residence by planning to stay short term in another residence?

    I Currently have a lodger, who plans to stay with me long term, in my (only) main residence.
    My parents have offered me to stay in their second home for a temporary period due to my mental health and struggling with life in the city.
    I would classed as an excluded occupier in the residence owned by my parents.
    Is it OK for my lodger to remain in my flat whilst I'm away as a lodger only and not a tenant, as this is a temporary measure, and the flat will remain as my main residence?
    Any advice would be much appreciated.

    #2
    You wouldn't be an excluded occupier unless your parents live in the property you are moving into.
    If you're not paying rent, you'd simply be a guest.
    If you are paying rent, you'd be a tenant.

    You are allowed to move away temporarily without your lodger becoming a tenant.
    But "temporarily" is a matter of fact decided on a case by case basis, so it could become a tenancy if you were to stay away for a long time.

    Temporarily and long time being undefined,
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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      #3
      jpkeats, thank you for your response. How can I clarify what is temporary and was is long term?

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        #4
        Originally posted by ezus View Post
        jpkeats, thank you for your response. How can I clarify what is temporary and was is long term?
        I don't know.

        You'd have to look at actual decisions in cases, and I don't really know where you'd start.
        The cases where this would be a factor are usually not reported in detail, and a judge would probably pretty much decide on the spot.

        https://landlordlawblog.co.uk/2020/0...become-tenant/
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

        Comment


          #5
          These days what you plan to do is extremely risky. If you were away for more than a few weeks I would be very worried. Rather make the lodger homeless I'm afraid if you plan on coming back.

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            #6
            AndrewDod, what sort of risks are you referring to?

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              #7
              I mean, if it's a concern then put it down in writing to the lodger.

              "I'm writing to inform you that I will be temporarily staying away from the property with my parents until DATE. This does not affect your lodging within the Property, and for clarity this is not me providing sole-occupancy, as I will return on the mentioned date"

              Give them the letter, also send it via email and keep a record. "I attach a copy of the letter I passed to you today informing you that I will be temporarily staying away for a short time"

              They'd be very hard-pressed to convince a judge that you conferred tenancy due to your absence if presented with that. That said, you need to have a date in mind, if you go without informing them of a date in which you'd return, or give a date and not return by it, you'd weaken your position greatly.

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