To get a lodger when renting

[PaperdollCartoon]

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.

[AndNowItsSeven]

Although curious as to the legal position?

[MrsJorahMormont]

I was trying to imagine our local HMO inspector's face if presented with that as a defence :o

[Lymmmummy]

I am a landlord and Subletting is not allowed in tenancies - ASTs - check your tenancy agreement

How would you like it if your landlord decided to get an extra £100 a week by deciding to let the extra room without consulting you?

Legally you could be evicted for this - lose your deposit, get a bad reference for future tenancies etc etc landlord is not insured for extra tenants

If you want extra money get another job or save - subletting is really not a good idea

Renting a room out as an option is only for those who own the property - and yes I agree it's not always fair who owns what

as others have said at the end of your current tenancy you could ask for a third party to be added to the tenancy agreement so that rent was spilt 3 ways. But this is optional for the landlord who may increase rent if 3 people sharing is more wear and tear etc or who may not feel the extra room is suitable for an extra tenant

[JeanGenie23]

I also think if one of the reasons for doing this OP is to try and save a bit of cash, then there are better ways to do this, and if anything, you may find yourselves worse off. The LL, as others have rightly said, may put the rent up or your lodger may cause accidental damage.

[MrsJorahMormont]

They have a fairly strict definition of family group, otherwise you'd have twenty odd people kipping in a house pretending to be some big free-lovin' happy family :o

[scaryteacher]

Highly unlikely that anyone is going to report it as being a house of multiple occupancy but if what you quoted above is correct I could see the issue for the LL. How do you know that though? Can you 100% cast iron guarantee that this won't get picked up?

I used to be a Council Tax Officer and I used electoral registration to chase people, and I used to liaise with other Local Authorities to see if someone was on their books if they owed my Local Authority money. All it takes is one call, then the shit hit the fan. It isn't as simple as it appears at forst glance.

There is a difference between what you can do in the home you own, and the one you rent which belongs to someone else who has legal liabilities.

[Charley50]

Are we allowed to have friends to stay in rented properties now, maybe who happen to live overseas and want to visit for the summer for a month or so? They will contribute to food. Or is that another thing renters aren't 'allowed' to do?!

[scaryteacher]

Come on Charley - there is a difference between my Mum coming to stay with me in Belgium for a month, as she is not proposing to live here, but return to her own house; and me providing lodgings for a.n.other who financially recompenses me for that.

I don't let my guests contribute to food; they can take me out for a meal though.

[Charley50]

Scary teacher: are you saying your tenants shouldn't have used a desk chair with wheels? Maybe you should have bought a floor which was fit for purpose? We all have stories if nightmare tenants and nightmare LLs, let's not go there.

[JeanGenie23]

Do you think that would stand in a court of law Charley?

There needs to be transparency between LL and tenant. That's why clear concise contracts are key. Don't forget the tenant always needs the LL more than the LL needs the tenant.

[Charley50]

Do I think what would stand in a court of law Jean? And surely tenant landlord is a reciprocal relationship. They need each other. Sorry for derailing OP.

[ReginaBlitz]

Just ask her, you're getting boring now.

[Charley50]

JeanGenie that is a really nasty sentiment you expressed just there.

[InternationalHouseofToast]

Depending on where you are the HMO thing might be your problem. In some cities/ towns with universities, you have to get a licence for a HMO and councils can refuse them, as a way of reducing student housing in a given area. It's usually to prevent student housing exceeding 20%. Think if you're in an area where this could be the case.

[scaryteacher]

I lived in a married quarter in Belgium from 2006-2013. The floors in the bedrooms and study were laminate. I had a wheeled desk chair in the study. My lad who was 10-18 when we lived there, had a wheeled desk chair. We handed back the quarter in pristine condition and without any marks on the floor whatsoever. I put rugs under the chairs so there wasn't an issue. Not rocket science really. I also had cats, and they didn't mark anything at all.

In Belgium you have to hand a property back in the same state that you took it over in; tends to concentrate the mind when you can be liable for thousands of euros at march out.

The laminate floor was fit for purpose - the tenants weren't and looking back, I should have canned them sooner.

I am renting in Belgium now, rugs are down where there could be a problem.

[JeanGenie23]

I was referring to your point about are we allowed friends to stay over now? Because that isn't what's happening is it? The OP is taking somone in so they can save a bit of extra cash. Having a friend kip in your spare room for a couple of weeks suddenly becomes a very different thing when money exchanges hands.

I also do not think I expressed any nasty sentiments. I am a long term renter. My house isn't my home, it belongs to someone else, and if the LL wanted to sell, or up the rent, they would be in control, not me. Afterall if I didn't/couldn't afford it, someone else always will. That isn't a nasty sentiment it's realistic. I need the LL more than they need me.

[PaperdollCartoon]

Ah I was just thinking inviting our friend into our bed might be a sensible option! I'll keep that one on the backburner for now

We don't have a pay as you go meter, fwiw. The home contents insurance is ours.

I appreciate some tenants are shit and landlords have every right to be wary. I treat this house no differently than if I owned it. It's basicially my perfect house, I adore it and look after it. It's my home not just my house as far as I'm concerned. To be fair, she didn't meet us until we'd already signed the tenancy as the initial bit went through an agency who hold the deposit, but all repairs etc go through her. So she knew I suppose how much we earned and that we'd been credit checked etc. but not our personalities or anything like that.

[PaperdollCartoon]

Also we don't want to split the rent 3 ways, we want to pay more. I will see what landlady says and go from there. Didn't realise this question would cause such a ruckus, but that's AIBU for you!

[scaryteacher]

OP, it's the buildings insurance that we were concerned about. Mine is very strict about who can and can't be there.

[PaperdollCartoon]

Thanks scary teacher, I will certainly bear in mind and will ask LL if there are any insurance/tax/financial issues at all. I certainty don't want to cause any problems for her

[PaperdollCartoon]

Certainly*

[Pinkheart5915]

I am a landlord and there is no way I would be allow a tenant to do this and if I found out they were doing this I would be far from pleased.
Letting out a room taking money for it in a house you don't own and I also wouldn't want somebody living in one of my properties without a legal contract,.

[PaperdollCartoon]

Just out of curiosity, what what would people say is the longest someone can stay before it stops being a house guest and becomes 'living there'. Say friend gets kicked out, you offer them your spare bed, and they contribute to food. A couple of weeks? A couple of months? Especially to landlords, when does it become living there?

[scaryteacher]

I think if there is no attempt made to find alternative accommodation; no end date set when they stay; where all their stuff is, is all a sign that they are living there.

I would say a couple of months tops really.

[JeanGenie23]

6 weeks I think would be a limit.