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Original poster

To get a lodger when renting

184 replies

PaperdollCartoon · 21/06/2016 06:46

Mostly posting here for traffic, posted in chat a while ago and didn't get any answers. I would be so grateful for any input. I'll try to get as much info in as possible without rambling.

DP and I rent our house, it's currently just us (and two cats). We have two large bedrooms. It's a fairly roomy house, including basement 'man den' as well as living room, dining room. So plenty of space for more people. Eventually children is the plan, but not for a couple of years.

We've been talking about essentially renting out our spare room to bring in some extra money, to pay off some debts, save and have some spare cash. Which would be lovely as at the moment we have basically none! I wouldn't want just anyone but we have discussed it with a close friend who is keen on the idea. If he hadn't been open to it we wouldn't probably have shelved the idea, I wouldn't want just anyone living here. He's a very close family friend I've known at least a decade, and we could quite happily all live together, and the house has space for privacy if needed. It would also do him a lot of good for various reasons.

However I'm not quite sure how we should broach the idea with my landlady. DP and I would still have full legal and financial responsibility for the tenancy, and can afford it without anyone else so no concerns there. Friend would be paying us some money directly and would have no legal recourse to the property. It would be a casual arrangement which we are all happy with, no deposit, any unlikely damage would still come out of our deposit. Basically he would be our lodger, not a joint tenant. It sounding remain our house in the strictest sense. I've checked our tenancy agreement and there's nothing that seems to be against the idea, only thing it mentions is anyone living here would need to be named. Everyone we speak to says why do we need to tell her at all but I don't really want to do it convertly and lie if we don't have, our landlady is lovely and we want a good relationship with her for many years to come.

Any advice on what we should say/how we should bring this up with her? Thanks so much.

OP posts:
Original poster
PaperdollCartoon · 21/06/2016 07:35

Thing is we want it to be casual, we don't want him tied into a tenancy if at all possible. He's looking to buy somewhere next year so having the freedom to leave whenever is part of why we thought it would be a good set up for all of us. My brothers gf asked if he'd rent somewhere with her and my brother but he didn't want to be tied in with them. He's currently back at his parents after breaking up with his gf (we're all late twenties)

I can see there might be insurance issues though, which I hadn't thought of. I assumed insurance was just 'for the house' but can see why it might have clauses about names.

OP posts:
Original poster
PaperdollCartoon · 21/06/2016 07:37

I was hoping for advice on how to broach the idea with her. I can see the general consensus is it's no go though, so will bare that in mind. Will speak to DP about what the best way to proceed might be. I'm just a bit sick of being broke now!

OP posts:
scaryteacher · 21/06/2016 07:38

Would you all declare to HMRC if you had a friend staying in a spare room and paying housekeeping for a few months? I highly doubt it! Yes, it's called the rent a room scheme. You also have to be aware that HMRC target various sectors and private landlords are amongst those who they target.

You haven't addressed the issue about potential damage, or you paying for legal work if you decide to move, and he doesn't and needs to be evicted.

Adnerb95 · 21/06/2016 07:39

Look at the post from londonrach with guidance on what may/may not be possible. I think you are right OP to be "above board" about it all and if there is nothing in the tenancy agreement which prohibits AND she wants to keep you as tenants, then the landlady may well agree. Good tenants are not always easy to find! (I speak as a landlady for 23 years)
However, it is misleading to say there is no impact on the landlady - there ARE legal implications and to make sure all parties - you, the lodger and the landlady are all covered, it may be necessary for your landlady to take legal advice, just to make sure all possible hiccups/issues are catered for.
Sounds like a good idea - good luck!

PalmerViolet · 21/06/2016 07:39

Why on earth have you posted this if you're not going to listen to any of the people in the know who are telling you what a bad idea it is?

If you're looking for validation for your plans, go and ask your friends.

Sparklingbrook · 21/06/2016 07:39

Seems you have already decided. So just ask.

NeedACleverNN · 21/06/2016 07:44

I would do it as long as:-
You cover any damage your friend could possibly do
You can afford all your bills and rent if for whatever reason he doesn't pay
Your lodger still sticks by basic house rules for example if it says no smoking in the contract

MissWimpyDimple · 21/06/2016 07:44

It's a huge no no. But since you seem to be set on it, there is no other way than just ask her. If she says yes, then he has to go on your tenancy as jointly and severally liable for the rent.

Adnerb95 · 21/06/2016 07:46

As for guidance on how to broach it, what about a letter/email along the lines of:
^We love staying here and hope we have been good tenants and thanks for being a good landlady! We have been struggling a bit financially and although we can continue to pay the rent without a problem, we could really do with a bit more income.
We are considering taking in a lodger, but obviously wanted to check this out with you first! We don't think there is anything in our tenancy agreement which prohibits this - is that right? And how would you feel about this? We would be prepared to pay the costs of getting whatever legal advice is needed, within a budget of XXXXXX as we understand of course that you need to protect yourself against any possible complications.
We do hope that this is possible. Could we have a face-to-face chat about it some time?^

Hope this helps!

Original poster
PaperdollCartoon · 21/06/2016 07:46

I am listening, and have taken on board what people are saying. I'm just not quite as paranoid it seems.

In the case of any damage that would be on us and would come out of our of our deposit, I said in the first post we would retain all financial and legal responsibility for our end of it. He wouldn't refuse to leave if we left, it just wouldn't happen.

OP posts:
Original poster
PaperdollCartoon · 21/06/2016 07:48

NeedACleverNN - that's exactly it, we can afford it without him it's to help us out. He would fillow any rules happily, he's a genuinely lovely person I know and trust completely. If he hadn't been open to the idea we wouldn't have had anyone else

OP posts:
Original poster
PaperdollCartoon · 21/06/2016 07:50

Adner, thank you that's really helpful. We communicate with her by phone not email though, and I think it's better to say on the phone rather than text? We don't see her in person but would be happy to do so.

OP posts:
Adnerb95 · 21/06/2016 07:50

Those who are getting stroppy about OP should really check the legal facts first!
There is no absolute prohibition, unless the tenancy agreement says so! It depends on the type of tenancy and a number of other factors. If the OP and landlady have a really good relationship - as seems to be the case - the landlady may even be prepared to issue a fresh tenancy agreement to cater for this arrangement. Although OP is likely to have to pay for it, of course.

DetestableHerytike · 21/06/2016 07:52

You know that, op, but your landlady doesn't know him.

The best way would be a new tenancy agreement that names him but notes that if he moves out, you and DH would like to keep the agreement going
, then he isn't tied in the same way you are.

Adnerb95 · 21/06/2016 07:52

I always think an initial something in writing is easier (and more likely to get a positive response as it allows someone to see the whole picture before responding) but you probably know what would work best in your situation!

Spermysextowel · 21/06/2016 07:55

The main issue is that the OP doesn't seem to want to ask. Her opinion seems to be that as they pay rent they can do as they wish (& taking in a lodger is sub-letting).
If you do this behind your l/l's back you can kiss goodbye to the long-term occupancy that you're hoping for.

ErNope · 21/06/2016 07:58

We're not profiting really. He would pay us some rent which would give us some spare money.
You literally just said ''we're not profiting, but we're profiting'' in saying that.....
You could breach her terms on her mortgage, insurance etc.
Ask, its that simple. If she says no then no it is.

OnionKnight · 21/06/2016 07:58

If you were my tenant and you suggested this to me I'd be getting you to leave ASAP, it is called subletting.

CrazyCatLaydee123 · 21/06/2016 07:59

From experience, having a friend move in with you is a sure fire way to destroy a friendship.

scaryteacher · 21/06/2016 08:00

In the case of any damage that would be on us and would come out of our of our deposit I don't think you understand how it works. The deposit goes into a protected deposit scheme, and is released at the end of the tenancy. There are rules governing how much a landlord can get from that for damage.

Furthermore, if your friend damages something that is an everyday essential at the property, like the cooker, shower or the boiler for instance, are you going to pick up the tab, or expect the landlady to do it? If the latter (as you say you are broke), then he needs to be paying rent to her, and be on the tenancy agreement, otherwise you are putting her in a position of potential loss.

Your landlady may be happy; I wouldn't allow it.

Mrsraypurchase · 21/06/2016 08:00

Lots of housing associations allow you to take a lodger. This was encouraged after the introduction of the bedroom tax. OP, speak to your landlady. No harm in asking.

SouthWesterlyWinds · 21/06/2016 08:02

Semantics. It's subletting. Just ask the landlady and stop making such a parlaver out of it, just ask and then you know where you stand. Let's face it - she used to live there and the neighbours either side are her friends. She will find out and whilst she's lovely, if you do this without asking, she will feel aggrieved and you could find her giving notice as is her right. Just ask and if she says yes, hunky dory. If no, do not move anyone in.

lastqueenofscotland · 21/06/2016 08:02

If you got a lodger it would turn your house into an HMO which would need to be licences by the council and has a lot of different rules surrounding it. It is not a straightforward process

Original poster
PaperdollCartoon · 21/06/2016 08:03

To the pp who said I don't want to ask, this entire thread has been me saying 'I don't want to keep it quiet, how do I broach asking her' so I have no idea where you're getting that from! If she said no that's fine, I'm not going to argue with her it's her house!

OP posts:
NeedACleverNN · 21/06/2016 08:04

At the end of the day I see no real difference in the OP getting a lodger than I would them having children...

The lodger would be the OPs responsibility just like a child would, she's prepared to cover his short fall and no one I knew ever told the landlord they were having a baby.

The only really trouble is potentially losing a friend of it goes tits up