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LegalNinja
LegalNinja, Property Solicitor
Category: Property Law
Satisfied Customers: 279
Experience:  Solicitor
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Can I become a landlord without owning the property. i.e. my

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Hello, Can I become a landlord without owning the property. i.e. my brother moves out but I will live in and manage the property
JA: Where are you? It matters because laws vary by location.
Customer: London E£ E3
JA: What steps have you taken so far?
Customer: first trying to figure out whether I can be the landlord. My brother is checking the lease etc.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: thinks thats it

Hello,

Yes you can, so long as the superior landlord agrees or the owner of the property.

Does that clarify?

Customer: replied 9 days ago.
Thankyou. Do I require a formal contract in the UK to prove this or oral contract suffice. Also If I am the landlord I assume I will be liable for income rental tax

It would sensible to have a written agreement in place. Yes, tax would be payable on rental income.

Does that cover everything today?

Customer: replied 9 days ago.
Would a tenant be deemed as a lodger if I live in. I assume as I will be collecting the rent, my income would be taxable?

 

So the main difference between a tenant and a lodger is that a lodger usually lives in the same property as the Landlord. By contrast, a tenant is someone who pays rent for a property you own but do not live in. Further, tenant's have more rights than lodgers which are covered in a tenancy agreement.
Customer: replied 9 days ago.
so therefore I would be looking for a lodger?
Customer: replied 9 days ago.
Would I still have to draw up tenancy agreements, EPC checks etc?

It's entirely up to you. Both have their advantages.

Customer: replied 9 days ago.
Legally would I be required to get the EPC check, gas appliance check. Also for tax purposes in the UK is it more beneficial to class as a lodger. do you also know any good lodger tenancy templates? Thankyou for all your help so far

No you would not for a Lodger. I wouldn't be able to comment on whether it would be tax efficient for you. I would suggest that you consult a tax advisor on this point.

I do but this would have to posted as another question.

Customer: replied 9 days ago.
could you say what legal requirements I need to do if I am the live in landlord and have a lodger renting a spare room?

Sure, you will need to ensure that the property is safe and the lodger will not be injured. Furniture must comply with fire safety regulations and gas safety regulations also apply. You should also check their immigration status before renting a room.

Customer: replied 9 days ago.
how would you recommend I get a lodger agreement template?

You can have a local solicitor prepare one for you according to your needs.

I would not suggest using anything off the internet as they can be incorrect.

Customer: replied 9 days ago.
Okay, thank you very much for your help.

It's a pleasure.

I would be grateful for a 5 star rating at the top of your screen for my time. It is important to leave a rating as is how Experts are are credited for their time.

All the best.

-LN

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