license or tenancy

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    license or tenancy

    Hello all,

    Have a situation just wanted some advice on. Occupant has been given a lodger/license agreement and she shares the premises with the landlord's son. Landlord does not reside in the UK, but the occupant pays rent to her by BACS transfer.

    The son, who she shares the property with is asking her to leave. On first inpsection it appears she is a tenant, as to be an excluded occupier, the landlord would have to reside in the same building. However the son now states he is a joint owner of the property and this is verified by Land Regsitry checks.

    Does this mean the son classifies as a resident landlord, even though she does not pay rent to him, and is not in the license agreement?

    Thanks

    #2
    Who is named as landlord on the agreement?? I think it is who is named as landlord that is the landlord:

    Ownership & who is landlord are not necessarily the same thing.

    I'd 'phone (or get occupant to 'phone) Shelter, 0808 800 4444 and ask them....

    Does landlord have paperwork from HMRC under the non-resident landlord scheme that tenant has seen?? If not tenant should be withholding 20% of rent for tax-man...
    http://www.hmrc.gov.uk/international/nr-landlords.htm

    Has son shared property for all the time tenant has been there - apart from holidays etc?? Is it certain son has been joint owner since start of tenancy??
    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


      #3
      If she shares the property with someone else that she can't exclude from the property,
      she probably isn't a tenant.

      The joint ownership doesn't automatically make the son the landlord, though.
      If the licence was granted by the father, he would probably have to issue notice unless the agreement says the son can do it.
      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

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