Would it be illegal to have a lodger in this circumstance?

[Nestofwalnuts]

My adult son is going abroad to study for six years but will be back for holidays between semesters. He owns a flat which he shares with his lodger. He likes this lodger and would like to let them stay on once he goes away. He'd also like to keep his bedroom so he has a proper base over the holidays when he comes home.

But if he is not there for most of the year, does that make the lodger's agreement illegal? He thinks it does and that he might have to reorganise their status into tenant. I think it is still his primary home as he is only a student abroad, with no right to remain beyond that status.

He can't afford to let the flat stand empty and wouldn't want to, but I'm really concerned about him ending the lodger's agreement and creating a tenancy as then he'd have no right to stay in his own flat during any holidays and may not have the right to return to it once the study is over as that might constitute an unfair eviction.

We've looked up the law online but there are no clear guidelines for this situation where he's away from home and based elsewhere for several years most but not all of the time. Has anyone had a similar situation?

Thanks.

Not illegal to be a lodger - it's really normal for when people work away

There's loads of people who work away on oil rigs/studebts/work abroad/stay with partners who all do this and all have lodgers or house shares

It's totally fine

If he's at home 10 weeks of the year it's no different to being on holiday 10 weeks of the year - those people still have lodgers

Isnt a common reason to have a lodger to contribute to increased costs of working away from home? I know people who've done that in the past, also helps in not having the house standing empty

Why would there be a law against it?

As long as the flat is still his principal residence (and he retains a room and possessions there) the lodger status is still legit, even if he is studying/working elsewhere

Thank you all so much. That is really reassuring. That's exactly what I said but he seemed sure it wasn't legal if he'd be away so much. But he will keep all his possessions there and come back between semesters.

I agree with PP’s definitely appropriate for them to remain as a lodger. I’d also advise he gets you or someone else he trusts to do flat checks for him. Collect his post etc. to make sure all is well in between his visits.

The lodger will not have full sole use of the property therefore he will still be a lodger.

Might it be something that he'd need to look into the type of house insurance he'd be requiring? Just a thought - but please excuse my ignorance about this matter if not! It was just the thing that sprang to my mind.