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View Full Version : Renting a room, Does deposit protection scheme apply?



joshuarse
15-02-2010, 15:22 PM
Hi guys, I am currently looking to rent a room out to someone in a house where I live. Doing my research on deposit protection and I am coming up with some conflicting views to if it has to be protected or not. Spoke to mydeposits.co.uk and they fired a load of jargon at me about two different types of agreement in one case it did need to be, in the other it did not.

Any clarification as to my legal standing would be greatly appreciated.


Kind Regards

Josh

Poppy
15-02-2010, 15:24 PM
If you are a resident landlord, then the lodger’s deposit does not need to be protected in a scheme.

jeffrey
15-02-2010, 15:47 PM
Josh: do you own the house or are you yourself only a tenant?

westminster
15-02-2010, 19:35 PM
As Poppy says, if you are a resident 'landlord' and just renting a room to someone in the house where you live, then that person is a lodger (a.k.a. exluded occupier), not on an assured shorthold tenancy, so deposit protection wouldn't apply.

If you're unsure about the occupier's status, check with Shelter's 'tenancy checker'.

http://england.shelter.org.uk/get_advice/renting_and_leasehold/private_tenancies

(lots of useful info on the Shelter website).

joshuarse
15-02-2010, 21:28 PM
I own the house it is registered in my name both title and mortgage.

westminster
16-02-2010, 00:11 AM
I own the house it is registered in my name both title and mortgage.
Okay, and if you live in it as well, and rent a room to somebody, then that person you rent a room to is a lodger, not a 'tenant'. No deposit protection required. You can also evict them pretty easily. See this webpage for more info

http://england.shelter.org.uk/get_advice/renting_and_leasehold/private_tenancies/excluded_occupiers

You still need to ensure the house is safe, such as getting a Gas Safety Certificate and making sure furniture complies with fire safety standards. You should also check with your insurers and tell them the new situation.

This link has more info about taking in lodgers.

http://www.lodgerlandlord.co.uk/blog/

Any problems, best to ask first on this forum before assuming anything. Landlord & tenant law is quite extensive and it's easy to get into difficulties if you're a novice.

joshuarse
16-02-2010, 11:30 AM
Thanks for all your help guys, you are all very well informed and helpful. Good to have some help, gets a bit daunting sometimes trying to be a landlord at my age (20)

Regards

Josh

jeffrey
16-02-2010, 16:31 PM
gets a bit daunting sometimes trying to be a landlord at my age (20).
Er, it's not mandatory to be L. You have a choice!