student tenancy agreements.

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  • jeffrey
    replied
    I agree- hence the 'may'.

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  • mind the gap
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    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.

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  • jeffrey
    replied
    May also save on Council Tax and (eventually) IHT

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  • mind the gap
    replied
    Originally posted by jeffrey View Post
    May be tax-advantageous?
    Yes, I suppose the parent would avoid paying CGT when the property is sold.

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  • jeffrey
    replied
    May be tax-advantageous?

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  • mind the gap
    replied
    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?

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  • jeffrey
    replied
    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.

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  • mind the gap
    replied
    Originally posted by jeffrey View Post
    Because, obviously, M may have bought the house in D's name.
    Why 'obviously', Jeffrey, please?

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  • mind the gap
    replied
    Or you could just abide by the law.

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  • bureaucrazy
    replied
    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)

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  • Poppy35
    replied
    But it cannot now be a joint AST if there are more than 2 non-related sharers due to recent change in HMO laws.

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  • jeffrey
    replied
    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.

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  • mind the gap
    replied
    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.

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  • jeffrey
    replied
    Is the daughter the resident owner, though? If she is, lettings cannot be ASTs.

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  • Snorkerz
    replied
    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.

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