Any advise welcome! I converted a house into 3 flats and now live in Ground Floor. Apparently, I can not grant an AST for other flats as im a Resident Landlord. What kind of contract can I give to prospective tenants.. OR didnt pick this up! B
OR are a platform for self managing Landlords. They dont check this type of thing, as you are self managing. If you dont know the rules, then you might want to consider using a agent.
It sounds like you need a Lodger agreement, but I dont have any lodgers so cant advise further, but I do know that OR dont offer Lodger type agreements.
Karl, OR prepared an AST agreement which they should have known is incorrect!
They didnt prepare it. They dont prepare it. They provide software which enables you to prepare an AST as a self-managing agent. Its a computerised process, not an individual. They are not there to advise or pick up on your errors.
Im not being critical of you, but pointing out that you perhaps should not be critical of OR, as you have tried to use their platform for something that it is not designed to do.
Good luck finding a suitable lodger agreement.
I stand corrected. Openrent do now offer agreements suitable for live-in landlords. What I see online is that you would select the ‘Live-in Landlord’ option when creating your listing. Might be worth looking at this.
1 Like
@Karl11 not sure a lodger agreement is what @Brendan11 needs but his is a very niche situation
@Brendan11 there is the following guidance from nrla - who may advise definitively in your case or ask a lawyer specialising in this
“Normally, if your tenant lives in your home then you will have a lodgers agreement. If they don’t live in your home with you then it will be an assured shorthold tenancy agreement most of the time.
However, there are certain cases where your tenant lives in the same building as you but doesn’t share your home. For example, you may have converted your property into two flats with you living in one and your tenant living in the other self-contained flat. In those cases you will have a non-assured tenancy agreement.
Non-assured tenancy agreements operate differently from assured or assured shorthold tenancies in a number of important ways. For example, the deposit does not need to be protected in a government scheme, repossession will usually start by serving a notice to quit instead of a Section 21 or Section 8 notice, and the tenant fee ban does not apply to these type of tenancies.
Unlike a lodgers agreement, these tenancies do grant tenants protection from eviction however, so you will need a court order to remove your tenants if they do not leave after a notice is served.”
[page called ‘Resident Landlord Agreement Non-assured tenancy’ ]
see also page ‘resident landlord the letting centre’
good luck
I can confirm that we do offer Lodger Agreements. When listing your property, you’ll need to select “live-in landlord”. We have some guidance on this here:
1 Like
Brendan, I’m afraid you can only give lodger agreement if you share common areas such bathroom and kitchen with the people you are renting to. If you are not sharing anything, but stay in the same building, you should not be giving out lodger agreement, you should give resident landlord agreement.
2 Likes
The contract type that you need for a resident landlord that isnt sharing living accommodation is a non-assured tenancy agreement with basic rights. You would need to use a common law notice to quit to evict and would need a court order if the tenant didnt move out. However, very little of the Renters Rights Act would apply. If OR doesnt have one, then the N R L A definitely do.
Lodger agreements are usually licenses so are not appropriate in this instance.
3 Likes