student tenancy agreements.

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    student tenancy agreements.

    my friend has bought a house for her daughter to live in as a student. She is planning to let 2 or 3 of the rooms to other students.
    What sort of tenancy agreement should she use? would she take a deposit in the normal manner? I am thinking so. Should she use a house share agreement?
    Any advice on this would be much appreciated as I have never let to students.
    Thank you.
    Sue C

    #2
    It would be a standard AST - presumably one for each tenant giving them exclusive use of one room.

    All the usual landlord obligations apply - including the requirement to get C3 planning permission and probably a HMO license.

    Deposits are essential, and as your tenants would have little in the way of assets, a guarantor is vital - although in some towns not the norm.

    Comment


      #3
      Is the daughter the resident owner, though? If she is, lettings cannot be ASTs.
      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
        Originally posted by jeffrey View Post
        Is the daughter the resident owner, though? If she is, lettings cannot be ASTs.
        Originally posted by Sue Cox View Post
        my friend has bought a house for her daughter to live in
        In this situation can the daughter be the resident owner? (How, if her mother bought it?)

        I would also suggest a joint tenancy agreement as the preferable option to separate ASTs.
        'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

        Comment


          #5
          Originally posted by mind the gap View Post
          In this situation can the daughter be the resident owner? (How, if her mother bought it?)
          Because, obviously, M may have bought the house in D's name.
          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


            #6
            But it cannot now be a joint AST if there are more than 2 non-related sharers due to recent change in HMO laws.

            Comment


              #7
              Originally posted by Poppy35 View Post
              But it cannot now be a joint AST if there are more than 2 non-related sharers due to recent change in HMO laws.
              You ideally need C4 use. Local authoritys are against granting it because they want big developers to build more student flats until students no longer live in houses. Then they can compulsory purchase their newly created slums and bulldoze them to sell the land to developers.

              If the house was occupied by more than 2 people forming more than 1 household before 6th April 2010 and you can prove it you have established use.

              If not, the sharers have to live there undetected by the planning department for 10 years in order to be immune from enforecement.

              If they apply for council tax exemption, the council will want to know the details of every occupant. If there is more than one household the council tax will inform the planning dept.

              Maybe you could just pay the council tax and don't tell them who's there?

              They could all change their names to the same name perhaps?

              The only loophole for sharers to live in C3 accommodation without needing planning permission is if they form a polygamory.

              The Tories may scrap C4.

              (Not legal advice)

              Comment


                #8
                Or you could just abide by the law.
                'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                Comment


                  #9
                  Originally posted by jeffrey View Post
                  Because, obviously, M may have bought the house in D's name.
                  Why 'obviously', Jeffrey, please?
                  'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                  Comment


                    #10
                    Originally posted by mind the gap View Post
                    Why 'obviously', Jeffrey, please?
                    Originally posted by Sue Cox View Post
                    my friend has bought a house for her daughter to live in as a student. She is planning to let 2 or 3 of the rooms to other students.
                    Well, who is the 'she' mentioned? Obviously, it must be mother or daughter.
                    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


                      #11
                      Originally posted by jeffrey View Post
                      Well, who is the 'she' mentioned? Obviously, it must be mother or daughter.
                      I was not querying the identity of the buyer. It was simply that the mother said she bought the property for her daughter to live in as a student, not that she bought the house for her daughter, full stop. The difference is, I think, significant.

                      Unless she has more money than sense, I cannot think why she would want to pay for a house then sign over ownership of it to her student daughter in any case - can you?
                      'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                      Comment


                        #12
                        May be tax-advantageous?
                        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


                          #13
                          Originally posted by jeffrey View Post
                          May be tax-advantageous?
                          Yes, I suppose the parent would avoid paying CGT when the property is sold.
                          'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                          Comment


                            #14
                            May also save on Council Tax and (eventually) IHT
                            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


                              #15
                              Originally posted by jeffrey View Post
                              May also save on Council Tax and (eventually) IHT
                              No council tax would be payable anyway if all the tenants/residents were students.
                              'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                              Comment

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