Resident Landlord wants to let a couple of rooms should they use AST?

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    Resident Landlord wants to let a couple of rooms should they use AST?

    A resident landlord wants to let a couple of rooms in their house. Each tenant will have sole use of their room and shared facilities. They would have use of a separate bathroom and kitchen, i.e. not shared with the landlord. There are common parts in that they have to use the hallway and stairs in order to get to their rooms. They are unsure whether to use an AST. Would that make it HMO, even if that would be unlicensed. What should they do?

    Any advice would be appreciated.

    #2
    Shouldn't be a HMO as long as only 2 occupants (don;t call them tenants, call them lodgers!).

    What does your local council say about licensing such arrangements??

    I'd get a lodger agreement from LL assoc or here
    http://landlordlawinfo.co.uk/landlords/
    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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      #3
      It would only not be an HMO if the resident landlord owns the property.

      I would make it clear that the occupants don't have exclusive use of the kitchen and bathroom (by making them shared spaces like the hallway and stairs, even if the landlord doesn't want to use them).
      Exclusive use of a dwelling house needs an AST, and two separate bedrooms, a kitchen and bathroom is close to being a dwelling house - even if everyone is intending the arrangement to be lodging.
      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).

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