Agreement for friends to live in my house

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Agreement for friends to live in my house

    I cannot find a definitive answer to my question by googling so here goes.

    I have a house that I wish to allow a family who are close friends to live in while I live abroad as UK non-resident. I am trying to work out what sort of contract I should make between us.

    I don't mind whether there is a rental fee or whether I allow them to live for free. What I am concerned about is that with reasonable notice I can retrieve my property when I return to the UK after about 2-3 years.

    It is quite an old house and the wiring would need a full check if I wanted to make a tenancy agreement with them so I'd rather avoid that. I was hoping that some sort of non-tenant, excluded or permitted occupier or other informal agreement could be made between us. Council tax and utilties etc are not really an issue either although it might make a difference who pays these from a legal perspective.

    Many thanks for any advice.

    Tippy


    #2
    It’s been said many times that it’s a bad idea to let to friends or family.
    That being said if your electrics are iffy then it might be an idea to invest in getting them fixed for the safety of your tenants and your own peace of mind.
    A written contract is a good idea as it. Sets out who is responsible for what.
    Any deposit you take must be protected in a recognised scheme.
    Are you sure the tenants will move out when you want your house back? A lot of landlords are selling up so there are fewer houses for rent and rents have gone up in many areas. If your tenants are paying no or very low rent will they be happy to move out into a place where they’ll be paying rent?

    Comment


      #3
      I imagine that it's going to take a while to get your head round this, but there is no guaranteed way to achieve what you want.

      You can either rent your property to your friends or you can retrieve your property when you return to the UK.
      You can't do both with any certainty.

      There are mechanisms that would allow you to lend someone the property or to rent it out, but when the time came for the property to be returned, you would depend entirely on the cooperation of the occupants to return the property to you, otherwise you would have to go to court to get your property back.

      Even if you lend it to the family for no rent, which would mean it wasn't a tenancy in the normal sense, it is possible that their paying council tax and looking after the place would equate to rent, which, again, would mean that they were tenants with considerable rights. So you would be dependent on their cooperation when you wanted to recover possession of your home.

      Whatever the arrangement, you would be responsible for the occupants' safety in the property, so you can't devise an agreement that takes that liability away.

      You might want to talk to a solicitor about the least risky route forward, but it's hard to see that anything other than a conventional letting arrangement with the notices that are necessary to allow you to make use of Ground One of a Section 8 notice and then you are depending on the relationship being sustained when you want to make your friends homeless.
      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


        #4
        Originally posted by Tippy View Post
        I don't mind whether there is a rental fee or whether I allow them to live for free. What I am concerned about is that with reasonable notice I can retrieve my property when I return to the UK after about 2-3 years.
        You can't achieve that. Sorry. Rather leave it empty -- which is what Shelter - the charity that bizarrely claims to help people without shelter - wants you to do.

        Comment


          #5
          You need to treat this as any other rental, with a contract, prescribed information, all the certificates & rent. If you want to help your friends set the rent low, but do this as anything other than proper rental will probably result in problems.

          Comment


            #6
            Agree, avoid fiends & family. But IF you insist, the full AST, all documents, ensure rent is above minimum limit.

            You'll appreciate even if all paperwork correct (** ) - many find they ain't - eviction, if tenant choses to remain when you ask them to depart (as is their right..) the likely timescale from serving s21 is say 6 months. So don't expect you can come back to UK& move back in right away.

            ** If paperwork not correct you may find it's impossible or v v difficult to evict.
            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


              #7
              In this case, you would be advised to avoid using section 21 notice to restore possession, assuming it's not been abolished in 2-3 years' time.
              Section 8 Ground 1 is designed for this scenario and should be simple enough to regain possession, even if the occupants are being difficult.
              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


                #8
                If there still is s8g1. We haven't seen even draft bill....
                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


                  #9
                  Originally posted by theartfullodger View Post
                  If there still is s8g1. We haven't seen even draft bill....
                  Very true.
                  So far the suggestion seems to be to extend s8, while losing s21.
                  It would be a shame to lose something that seems to work well - but, you're right, it is the government!
                  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


                    #10
                    I suggest that the electrics are checked professionally in any case.

                    Do not dream about doing this project informally.
                    Good luck.

                    Comment


                      #11
                      They could be your friends but people do change. Do not let to friends if you want to keep them as friends.

                      Comment


                        #12
                        I would also add that if your out of the country, make sure you sign up the property for any alerts with the land registry, better safe then sorry.

                        Comment


                          #13
                          Well you have heard the opinions of a great many very experienced landlords........ you are taking a very big risk with this, you say you don't need the money, so why take the risk ? Leave it empty and come back to it still....... empty, there is zero guarantee they will move out, friends or not.

                          Comment


                            #14
                            Originally posted by theartfullodger View Post
                            Agree, avoid fiends & family.
                            Good advice, I ALWAYS try to avoid fiends 😁

                            Comment


                              #15
                              Originally posted by theartfullodger View Post
                              Avoid fiends.
                              Sound advice. You need an exorcist to get them out.

                              Comment

                              Latest Activity

                              Collapse

                              • S21 in order to sell property
                                by slopemaster
                                As a result of this govt's proposed changes re tenancy law and section C, we have decided to sell a house before there is a glut on the market. I will therefore be issuing S21 to the tenants. They have been there 6 years and been good tenants. I have not put the rent up, so they will probably struggle...
                                06-07-2022, 05:37 AM
                              • Reply to Renting rooms
                                by Luke
                                No, I have changed my mind , I will not be living abroad permanently , I will probably just go abroad for a few weeks at a time and reside at my UK property for the rest of the time...
                                06-07-2022, 00:17 AM
                              • Renting rooms
                                by Luke
                                I have a three bedroom property in the U.K which I will rent out .
                                I have had an enquiry from a couple and a friend
                                I do not intend to live at the property
                                Would it be possible just to rent two rooms to them , on the understanding they have full access to the property ?
                                As its...
                                28-01-2022, 06:09 AM
                              • Reply to Renters reform bill
                                by DoricPixie
                                You can thank the tenant with a dog I did let to in the past for now being reluctant to let to other people with dogs and probably cats too.

                                The fact your income comes for 100% benefits isn’t a hard no though as long as you are able to pass affordability....
                                05-07-2022, 23:15 PM
                              • Renters reform bill
                                by flyingfreehold
                                i have just read an interesting summary of all that is proposed in the EG (Estates Gazette). As drafted it effectively brings back a form of rent control as tenants will have the right to go to First Tier Tribunal to challenge any rent increases which must be proposed by section 13 notices.
                                ...
                                04-07-2022, 16:29 PM
                              • Reply to Renting rooms
                                by DoricPixie
                                You’re not though are you? You’re getting these people to rent the property because you’ll be living overseas. The property will cease to be your only if main home.

                                Maybe you’ll get away with pretending these people are lodgers and these people will move out the property when you...
                                05-07-2022, 23:09 PM
                              • Reply to Renting rooms
                                by Luke
                                I do intend staying in the property permeantely though , although I may have to stay elsewhere sometimes...
                                05-07-2022, 21:42 PM
                              • Reply to Licensing inspection
                                by royw
                                Sounds like the power has gone to their heads Can't you, or rather the tenants, have some fun? Well placed boobie traps or a fierce dog perhaps?
                                05-07-2022, 21:42 PM
                              • Licensing inspection
                                by Section20z
                                Just had letter from London Borough of ****** saying they will be inspecting my house at some time in the next 28 days to ensure licence compliance. No further notice will be given and tenants are expected to grant access to all areas, windows to be left open for air supply, and doors all left open...
                                05-07-2022, 13:57 PM
                              • Reply to Renting rooms
                                by ash72
                                You would be creating an issue for yourself, you want to be able to evict a T (for whatever reason) which do not have the same rights as a T on an AST, the problem would be that you would have 2 T's who would have evidence etc, that you never lived there while they lived there...... When someone is...
                                05-07-2022, 21:23 PM
                              Working...
                              X