Which tenancy agreement? Help please!

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    Which tenancy agreement? Help please!

    Hi everyone. I have a converted extension on my house separated from my house by a stud wall in my kitchen. All utilities come off mine, gas, electric, water, but the council have given it an address. What tenancy agreement would I need for a tenant? Thanks.

    If you put a door in that stud wall you could re-combine the extension with your address, any tenants could then be lodgers if you supply some sort of service to them. You can include the cost of that in the rent.

    Lodgers are much easier to get rid of thaan AST tenants.
    I offer no guarantee that anything I say is correct. wysiwyg


      If the council have given you 2 addresses, then you have to pay council tax on both addresses.

      If you want a lodger agreement then he / she has to live where you live, and you pay the council tax for an empty property.
      If he / she lives in the converted extension, ( and we assume it is a self contained flat - lounge / kitchen / bathroom and own front door ) then you have to have an A.S.T. and the tenant pays the council tax.

      The tenants address WILL be the converted extension, as he wont want to be knocking on your door for his mail, or people knocking on your door for the tenant.

      The tenant will have to tell the council his address, and it wont be your address, but the converted extension address.

      Full A.S.T. is therefore suggested you issue, as he / she will not be a lodger.
      Suggest you at least have an extension electric meter, maybe a "pay as you go" proprietary one.
      or at lease one that just show the consumption.

      You are on sticky ground if someone is in a self contained flat, but has a lodger agreement.

      But you have to pay 2 council taxes for 2 addresses, so make the tenant pay the council tax, and and A.S.T.


        I do not think they will be "lodgers". They will be tenants but, see Housing Act 1988 Schedule 1(10)(1)-a cannot be (may not be, legally impossible to be..) an AST....

        See Shelter's tenancy checker here..
        - which I think will tell you they will be..
        Occupiers with basic protection
        This is a distinction not understood by most tenants, many landlords, many agents, probably most council staff & quite a few solicitors
        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...


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