Here is a question to the blog clinic from Linkdrick who is (or will be) a landlord.
I will be a live-in Landlord in a semi-detached house, living in a self-contained extension recently built, with a communicating fire door into main house. I want to rent main house; shared use of garden and a store room/utility/summer room. Extension is all electric, with landlord’s separate sub-meters for water and electricity.
- Are the new occupiers tenants or lodgers?
- Do I need a licence or AST?
- Do safety regulations (fire exits, gas fire/boiler carbon monoxide) apply just the same as live-out landlords?
- Are 3 single men living here classed as 3 households if they move in? Is this an HMO?
- Is a family group with children counted as “one” unit rather than 4 or 5 separate persons?
- What difference does it make for Landlord to live in as regards regulations?
Ideally, I seek some sort of association or family interaction, but it depends on who I get.
Here are some quick answers to your questions.
1 If the property is self contained they will probably be tenants. A lodger generally means someone who shares living accommodation (kitchen, bathroom, living room etc) with the landlord. There is a lot of free information about lodgers on my Lodger Landlord website.
2 Probably neither. If you live in the same building it cannot be an assured shorthold tenancy. It will either be a common law tenancy or a license – for example if you provide services such as cleaning which allows you unfettered access to the property it will be a license (provided you actually provide the cleaning services). But I suspect that in your case it will be a common law tenancy.
4. Three single men who are unrelated will make the property an HMO. If they are brothers or cousins it would not be an HMO. See here for some guidance.
5. If they are a family then they will probably be one household. It depends whether they fit the rules,. Again, take a look at this page
6. If you are a residential landlord then it cannot be an AST so the rules specific to ASTs will not apply – for example sections 21 and 8 notices. This does not mean it will be harder for you to evict if necessary though. The rules are just different thats all. The tenancy will be a common law or unregulated tenancy.
There is more detailed information about common law tenancies on my Landlord Law site for members, together with suitable tenancy agreements. .