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    #16
    I suggest short holiday let's, possibly Aurbnb type. It doesn't sound like a practical option as a permanent let.

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      #17
      You would not be sharing enough for it to be a lodger arrangement - it's self contained so it would legally be a tenancy for whoever is living there.

      Whether there is a washing machine or not is immaterial.

      You can't just decide/say that they are lodgers and not tenants.
      And any written agreement that says they are lodgers would be invalid, because in law they would be tenants.

      You can't get around a landlords legal responsibilities to their tenants simply by saying that they are lodgers.
      It's the situation that decides what they are, and not what the landlord says.

      Comment


        #18
        As nukecad says: See Street v Mountford...
        https://en.wikipedia.org/wiki/Street_v_Mountford

        Sham agreements (which your cunning plan would be..) are inadvisable, as when ruled by court to be a tenancy, you'd be be at risk of harassment and/or illegal eviction, both criminal charges, that landlords can & have gone to jail for.

        Not worth the risk..
        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

        Comment


          #19
          Holiday Let !!!!

          Keep it simple - IF NNDR assessed then no payment due to size (as long as you dont have any commercial property elsewhere)

          Loads of places to advertise and would suggest setting min 2 night stay to cut down on washing towels, linens etc
          My views are my own - you may not agree with them. I tend say things as I see them and I don't do "political correctness". Just because we may not agree you can still buy me a pint lol

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            #20
            As said above - This is a grey area. Probably It can not be a lodger s agreement just sharing a washing machine .It could be as Artful said common tenancy a non-assured short hold (little advantage since you have to evict through a court possession order and there is no accelerated process and you have to have a court hearing but it is usually rubber stamped in non-COVID times) To issue a lodger agreement I believe you would have to share cooking or bathroom facilities and washing machine is not enough on its own. I was told by an experienced London housing solicitor if the tenant shared a washing machine and entrance hall and common corridors it could be a lodger s agreement because there was not sufficient division between landlord and tenant s space. But I don t think this applies in this case. It sounds like there is sufficient division between the 2 living spaces NOT to be a lodger s agreement. Ultimately it would be for a judge to decide and in my opinion there is quite significant division between the 2 areas - ie it s got its own entrance hall and you do not go through that to get to your living spaces. I think there is a good point about what happens if the annex trips the electricity and you are away how can they reset the consumer unit and get the electricity back on if they don t have a key to your house.

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              #21
              I think you have said above you only want a lodger. In this case with the layout described it is highly unlikely to be ruled one in a court. I think it would therefore be very unwise to issue a lodger s agreement to a tenant because say down the line you want to evict the tenant and they go to seek advice from the many people available you won t be able to evict them as a lodger without risking a huge fine for say potential illegal eviction, not protecting their deposit etc etc.

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              Latest Activity

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              • Reply to Joint tenancy agreement, 1 tenant has already moved out
                by Yorkie2020
                Guess I've been very lucky this time. My niece has informed her partner that she is ending the tenancy and signing up for a new one in her name only and he is ok with it. She did point out that he will no longer be responsible for any more rent or bills when it's totally in her name.
                JPkeats,...
                27-10-2021, 02:02 AM
              • Joint tenancy agreement, 1 tenant has already moved out
                by Yorkie2020
                Good evening all,

                I wonder if I could get some advice on ending an AST tenancy in England.

                Originally a 6 month AST last Sept between my niece and her partner, I foolishly listed both on the AST as joint tenants and didn't list him as a permitted, there was no deposit paid....
                20-10-2021, 19:44 PM
              • Reply to Increasing rent
                by jpkeates
                There may be something on the NRLA website, but I don't know of a standard template.

                To be honest that clause doesn't seem to help you a lot, it stops you using a s13 notice (I'd wrongly assumed that because it said "may" you'd be able to) but doesn't actually help you with an...
                26-10-2021, 17:37 PM
              • Increasing rent
                by Berlingogirl
                Tenancy start date May 2020 in England. 6 month initial AST.
                My tenancy agreement says
                “The landlord may increase the rent after the first 52 weeks of the tenancy…..”
                Is there a specific form I should use?...
                26-10-2021, 13:33 PM
              • Reply to Increasing rent
                by Berlingogirl
                Thanks jpkeates, I looked at the form 13 but that’s for if you don’t have anything in your tenancy agreement with regard to a rent increase. Is there a pro forma for a rent increase if there is a condition in your TA?
                26-10-2021, 17:05 PM
              • Reply to Increasing rent
                by jpkeates
                If the tenancy is now an SPT, and you want to be ever so formal (and impose the increase without any agreement), search for form 13 (which is called something else on the government's tenancy forms page).

                Otherwise, you just need to get the tenant to agree and start paying the new rent...
                26-10-2021, 13:58 PM
              • Reply to Advanced rent and S21 Notices
                by jpkeates
                It is quite likely that the 2 additional months might be seen as a deposit, unless the tenancy agreement is very specific about the initial payment being for months 1, 5 and 6.

                If it is a deposit, you won't be able to use a s21 notice without returning it and the deposit will be unlawful...
                26-10-2021, 08:35 AM
              • Advanced rent and S21 Notices
                by Shorif908
                Hi All,

                I have recently had new tenants move in.
                the estate agent did the whole thing and put them in.

                The arrangement with rent payments was this. 6 months AST Tennants pay last 3 months rent in advance and then make 3 monthly payments in advance. Ie start of the month....
                26-10-2021, 08:06 AM
              • Reply to Advanced rent and S21 Notices
                by Lesney Park
                BUT to answer your question, yes the 3 months very much look like an unlawful deposit, being for a non-defined period (the last 3 months of a tenancy). If it is for a specific 3 months, its a bit lesss grey but then I'm wondering what you hope to achieve...
                26-10-2021, 08:35 AM
              • Reply to Advanced rent and S21 Notices
                by Lesney Park
                Never been shown previously

                Are you still using the same letting agents, did they come up with this "payment plan"?...
                26-10-2021, 08:33 AM
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