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Disillusioned
26-06-2010, 21:53 PM
hi Everyone,

I am considering renting out three of the rooms in my house and i use the fourth. Has anyone any experience of being a live in landlord? How does the damages work, ie if not present how is it resolved? Also, does anyone have any experience of monthly contracts, can this work in practice or is the AST more advisable?

Many Thanks,

Angela

Snorkerz
26-06-2010, 23:59 PM
You can't use an AST if you are a live-in landlord. Your guests will be "excluded occupiers" if no services are supplied, or "lodgers" if you provide an element of service. Their rights are very similar (ie not much!).

WHSmiths sell a 'lodgers agreement' for about a fiver - I have no idea if it is any good.

With regard to damages. I believe you can hold occupiers liable for their own rooms, but not communal areas. You would have to set the rent at an appropriate level to cover this.

westminster
27-06-2010, 00:46 AM
I am considering renting out three of the rooms in my house and i use the fourth. Has anyone any experience of being a live in landlord? How does the damages work, ie if not present how is it resolved? Also, does anyone have any experience of monthly contracts, can this work in practice or is the AST more advisable?

Assuming you live in Scotland (as you said in this post (http://www.landlordzone.co.uk/forums/showpost.php?p=222881&postcount=2) today) then you need advice based on the law in Scotland, not England/Wales where the vast majority of this forum's users are based.

May I suggest that you insert your location as being in Scotland, to avoid further confusion?

Snorkerz
27-06-2010, 09:06 AM
You can't use an AST if you are a live-in landlord. Your guests will be "excluded occupiers" if no services are supplied, or "lodgers" if you provide an element of service. Their rights are very similar (ie not much!).

WHSmiths sell a 'lodgers agreement' for about a fiver - I have no idea if it is any good.

With regard to damages. I believe you can hold occupiers liable for their own rooms, but not communal areas. You would have to set the rent at an appropriate level to cover this.Why did I not notice you are in Scotland? I too have commented on your other posts that Scots law and English law are different.

So please ignore my post above, which is totally English-based. See if you can find a 'scottish landlords' site or alternatively, Shelter Scotland may advise you.

Disillusioned
27-06-2010, 13:39 PM
Hi,

It's ok. I'm only trying to figure out the principles and practicalitites of how things work in England, from there I can work out the principles and know what to search for in Scots Law.I'm not looking for definitives.Unfortunately, there are no Scottish sites apart from one which is virtually unused(it's already been mentioned on this site by a kind soul) or I would use them, hence taking longer to work out how things work.

Thankyou very much gentlemen,I'll plod on..

Kind Regards,

Angela

westminster
27-06-2010, 16:37 PM
Try the Scottish section of the swarb legal forum. Link here (http://swarb.co.uk/phpbb/viewforum.php?f=21&sid=6c8c3395315f78e7097a8985283e5011).

Paul_f
27-06-2010, 16:46 PM
You can't use an AST if you are a live-in landlord. Your guests will be "excluded occupiers" if no services are supplied, or "lodgers" if you provide an element of service. Their rights are very similar (ie not much!).This is probably not quite true. See Street v Mountford because if there is exclusive use of the rooms without shared facilities then you indeed create an AST.

Disillusioned
27-06-2010, 17:18 PM
Hi,

Thankyou Everyone for your help,

Kind Regards,

Angela

remyrobson
27-06-2010, 19:52 PM
From personal experience I know I would never suffer lodgers again. Especially when they outnumber you. I spent a miserable few years with little say over what I did in my own home. My kitchen and bathroom were always a mess which drove me mad, I always thought I was easy going until the day I screamed at 3 tenants for leaving dirty pots all over the hob and sink! :eek:

Forgetting the legalities, seriously think if you want to sacrifice the feeling you get when you come home from work, sink onto the sofa with a drink, and don't need to talk to anybody if you don't want to. I really value that, and even with the nicest lodgers there is never peace and freedom to do whatever you like.
Maybe start with one person and see how you feel before you fill your house with lodgers. Best of luck whatever you decide.