Hi everyone! I’m a resident landlord in a house with a separate garden flat which I rent out. I’ve been told that I can actually use a non AST agreement for this, is this correct? Ive used ASTs in the past but was told this wasn’t correct. On a side note. The flat has an old very small cellar area. Which hasn’t been tanked. And I used to use it for cleaning things and tins of paint etc. one tenant but last, used it to store extra clothes which I advised against as it doesn’t have a window or heating. Needless to say the clothes got musty and damp and then I had to reimburse her a certain amount. As she didn’t have insurance. Which I was not happy about. Can you suggest anything? Many thanks! Amelie
I am no expert, but suggest to put in a trickle air vent, and a notice in the rental agreement stating the room is not part of property being rented, but can be used to store items that will not be affected by damp ? Or put a lock on the door to the unused room, after installing the vent. Check room periodically. Ask yourself if a damp injection or pointing needed by that room? Hope my ideas are food for thought.
As to AST, if it’s a separate apartment, with separate council tax, and utilities, then an AST seems required.
If it’s part of your home, connected, all 1 property for council tax, utilties, shared entrance etc, then a lodger agreement seems appropriate.
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It is not your responsibility to insure her belongings
Firstly you advised against it
Secondly , I spoke to my insurers about this last week, they would not insure you for a third party’s belongings
They ( the third party ) has to insure it for themselves.
You should not compensate the tenant for this
You can by a dehumidifier or use the calcium chloride salts that absorb moisture and need replacing every few weeks
If clothes smell musty they can be laundered with soda crystals to remove the odour
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Hi @Maria3,
In response to the first part of your question, we do offer a Lodger’s Agreement as part of our Rent Now service.
A lodger is typically someone who lives in the landlord’s main home and shares living space, such as a kitchen or bathroom. Although lodger agreements tend to look broadly similar, there can in fact be quite a lot of variation in language and structure.
The government offer more guidance on how to define the tenancy type here.
If you are unsure if you would be considered a live in landlord we’d recommend that you seek guidance from a Housing Law specialist as the definition can be quite complex.
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Thank you Kathy! Yes I think I will put an air vent in as the current tenant is leaving soon. I had thought of putting a lock on that door but it houses the electric and gas/ water meters. Great suggestions and I’ll add to the next tenants agreement. My neighbour next door had his tanked and has had incredible ongoing issues with it. Mine is so much better and no tanking. So I’m hesitant to spend all that money on something that may not work and tenants could still ‘sting’ me for money like last time. I have told each tenant they must insure their belongings as I’m not liable. Great suggestions and yes food for thought. Thank you 
Thanks AZ you are totally correct of course. I will learn for next time.
I would not advise a non-assured tenancy agreement if the flat is not physically part of the same building you live in. I believe that its unlikely to be upheld by a court if challenged by the tenant.
I would still put a lock on the door and make it clear in the tenancy agreement that the cellar is not part of the let. It’s not hard to unlock it every time meters need to be read if you live on the same property.
Depending on wifi connection, smart meters would solve you needing to ever give tenant access to the cellar for meter reads.
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do not bother with tanking ,has to be a quality job . Locks on cellar. Air vent, (will still be damp), deny access . All good advice above
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Ok I’ll look into it further. Thank you David
Thank you for advice. Do you think I can still put a lock on the door if the cellar is just within their front door to the flat / tiny entrance?
Yes good point. Thank you!
why not? It doesn’t obstruct their access by having it locked I assume. If it does, I’d get a chippie in to fit a proper deadlock rather than have a padlock and bolt sticking out if space is an issue.
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Great thanks Tatemono, I’ll get onto that 
Thanks everyone for sound advice my first time asking a question, so great to hear other LL thoughts and advice 
you’re welcome. Thanks for saying thank you. Many don’t!
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First of all, a lodgers agreement or a license agreement should suffice. Secondly, it is not your responsibility to reimburse a lodger for clothes that have gone musty or mouldy. If you wish to do it out, goodwill go ahead but you’re not legally obliged to do so.
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Good to know thank you advice all taken on board here
I think that’s bad advice Stafford. The Housing Act 1988 defines a resident landlord as occupying part of the same building as the tenant. A separate garden flat is more likely to come within the assured tenancy regime.
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