Renting a room, Does deposit protection scheme apply?

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  • Renting a room, Does deposit protection scheme apply?

    Hi guys, I am currently looking to rent a room out to someone in a house where I live. Doing my research on deposit protection and I am coming up with some conflicting views to if it has to be protected or not. Spoke to mydeposits.co.uk and they fired a load of jargon at me about two different types of agreement in one case it did need to be, in the other it did not.

    Any clarification as to my legal standing would be greatly appreciated.


    Kind Regards

    Josh

  • #2
    If you are a resident landlord, then the lodger’s deposit does not need to be protected in a scheme.

    Comment


    • #3
      Josh: do you own the house or are you yourself only a tenant?
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
      4. *- Contact info: click on my name (blue-highlight link).

      Comment


      • #4
        As Poppy says, if you are a resident 'landlord' and just renting a room to someone in the house where you live, then that person is a lodger (a.k.a. exluded occupier), not on an assured shorthold tenancy, so deposit protection wouldn't apply.

        If you're unsure about the occupier's status, check with Shelter's 'tenancy checker'.

        http://england.shelter.org.uk/get_ad...vate_tenancies

        (lots of useful info on the Shelter website).

        Comment


        • #5
          I own the house it is registered in my name both title and mortgage.

          Comment


          • #6
            Originally posted by joshuarse View Post
            I own the house it is registered in my name both title and mortgage.
            Okay, and if you live in it as well, and rent a room to somebody, then that person you rent a room to is a lodger, not a 'tenant'. No deposit protection required. You can also evict them pretty easily. See this webpage for more info

            http://england.shelter.org.uk/get_ad...uded_occupiers

            You still need to ensure the house is safe, such as getting a Gas Safety Certificate and making sure furniture complies with fire safety standards. You should also check with your insurers and tell them the new situation.

            This link has more info about taking in lodgers.

            http://www.lodgerlandlord.co.uk/blog/

            Any problems, best to ask first on this forum before assuming anything. Landlord & tenant law is quite extensive and it's easy to get into difficulties if you're a novice.

            Comment


            • #7
              Thanks for all your help guys, you are all very well informed and helpful. Good to have some help, gets a bit daunting sometimes trying to be a landlord at my age (20)

              Regards

              Josh

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              • #8
                Originally posted by joshuarse View Post
                gets a bit daunting sometimes trying to be a landlord at my age (20).
                Er, it's not mandatory to be L. You have a choice!
                JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                4. *- Contact info: click on my name (blue-highlight link).

                Comment

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