Advice on letting a room

Advice on letting a room

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Discussion

avinalarf

Original Poster:

6,438 posts

142 months

Thursday 27th April 2017
quotequote all
Need some advice please.
My daughter is letting out a bedroom in her flat to a tenant on a yearly contract.
What are the legal obligations involved for her to observe ?
Also does she have to take out deposit protection in this situation ?
My daughter is living in the flat.


Eric Mc

122,004 posts

265 months

Thursday 27th April 2017
quotequote all
Not so sure with the legal side of things but from a tax point of view she may have an obligation to return the rental income for tax purposes.

She can avail of the Rent a Room scheme which she can read about here -

https://www.gov.uk/rent-room-in-your-home/the-rent...

sideways sid

1,371 posts

215 months

Thursday 27th April 2017
quotequote all
OP, I used Spare Room website to find a lodger a few years ago. Plenty of helpful advice on there.

IIRC, at the time, advice was to use a License to Occupy, not a Tenancy Agreement. c.£4k pa was tax-free, so c.£350 pcm for a year, or £700 pcm if the room is rented for only six months.

superlightr

12,856 posts

263 months

Friday 28th April 2017
quotequote all
avinalarf said:
Need some advice please.
My daughter is letting out a bedroom in her flat to a tenant on a yearly contract.
What are the legal obligations involved for her to observe ?
Also does she have to take out deposit protection in this situation ?
My daughter is living in the flat.
It will be as a lodger/room let. An AST is not the one to use as it will be invalid as the tenant must have sole/exclusive use of the premises ie bathrooms, kitchen other rooms etc (not communal arears of a flat such as entrance halls which is different).
A licence to occupy may be the correct way of doing it but I have no experience on that side - just AST's

I'm sure the govt have a room to let info on what needs to be done but I believe it to be very informal.

Nickyboy

6,700 posts

234 months

Friday 28th April 2017
quotequote all
Advertise it on Spareroom.co.uk, find fitting tenant, take deposit (months rent is normal) download the tenancy agreement from the spareroom site, fill in and sign.

That's about it really. There is no minimum/maximum period, the tenant won't be under an AST so can move out at any time with notice. They have very few rights compared to those under an AST so you could in theory chuck them out without notice of they break any rules etc.

No need to declare anything to HMRC unless she's taking more than £7.5k a year from them

buggalugs

9,243 posts

237 months

Saturday 29th April 2017
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A year is too long for a room rent contract IMO, it's so critical to get on with each other and a lot can happen in a year.

Nickyboy

6,700 posts

234 months

Sunday 30th April 2017
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buggalugs said:
A year is too long for a room rent contract IMO, it's so critical to get on with each other and a lot can happen in a year.
Exactly, i've had lodgers for 3 years but also for as little as 3 months. You can't tie them into any length of contract.