Can I rent a large house as a one bed flat?

Can I rent a large house as a one bed flat?

0:03 AM, 29th June 2023, About 2 years ago 14

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Hello, I have a five-bed eco house on the South Coast we recently put up for sale when our last tenants left. Unfortunately, then the market nose-dived and there has been no interest. The agents tell me this is the case with all of the more expensive properties in the area.

Now, not only are we being badly hit by the lack of rent, but also by the £404 pcm council tax we have to pay as the property is empty. We recently refurbed the house and due to its size, it attracts large families. I want to put it on a short-term let for a single person or couple. The downstairs is a fully self-contained one bed in theory: master suite with en suite. I would be prepared to rent it for a very low rent to get that sort of tenant. The only reason they would have to go upstairs is to turn the emersion heater on, on the odd occasion they don’t have enough solar hot water. The house would remain on the market, we need to sell it within this tax year if at all possible.

My agents are dubious if this is legal, just renting part of what is obviously a whole house. And I wondered what were Property118 readers’ thoughts on the matter.

Thanks,

Gillian


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Graham Bowcock

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9:21 AM, 29th June 2023, About 2 years ago

As an agent myself I don't think it's a job we'd want to do.

The main issue is fire safety and lack of fire separation. Legally each separate unit should have it's own fire compartmentalisation.

I inherited a property like yours from an agency we bought, but ended up ending our management as the owner would not make it legally safe.

Retro fitting fire comparmentalistion is not cheap, especially post Grenfell when contractors have suffered increased scrutiny and insurance costs.

Ray Smith

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9:34 AM, 29th June 2023, About 2 years ago

Why not let the whole house at a cheap rent whilst selling the tenant will be responsible for council tax and get a 25% single person discount . The problem is when the tenant refuses to move when you sell it .

MIkeK123

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11:28 AM, 29th June 2023, About 2 years ago

I recently put my 2 bedroom flat up for sale…..nice area surrounded by expensive houses. In 2 months I had only one viewing. It was costing me nearly £1000 a month to leave it unoccupied. Mortgage, council tax, service charge soon mounts up.
I decided to relet the flat and had 3 viewings within a day of the agent marketing it…..all 3 wanted to rent.
The flat is let, even though I will loose a small amount. I could have asked for more rent but decided to let quickly.
The selling agent is now advertising the flat with a tenant in situ.
If no buyers are found I will just wait till the housing market recovers ( probably a very long time) then try to sell.

Reluctant Landlord

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11:30 AM, 29th June 2023, About 2 years ago

rent it and you could face issues with getting it back. If you ultimately want to sell (but just cant at the present time) then this is not ideal solution.

If you REALLY need to get rid of it and don't want to keep paying CT then try a national auction. Set the min you are prepared to sell for and see what happens. You might bet more. Auctions attract cash buyers from all over, so opens up the market way over the location the property is in plus the deal is done and all finalised within 28 days. There are Foreign buyers still out there looking for holiday homes (from the middle east) and those who are cash rich.

TrevL

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12:11 PM, 29th June 2023, About 2 years ago

What's makes you think interest will pick up later in the tax year? Seems like a lot of effort to save a bit on council tax when, if you need to sell, dropping the price would get more people's attention.

Reading between the lines I think your agents are telling you the same.

David Houghton

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12:45 PM, 29th June 2023, About 2 years ago

Firstly it's not an HMO, as less than 3 people live there. So the fire risk isn't there. Nor is the fire regulation.

What you really want to do is rent a room, taking advantage of the tax implications (it's better that way no CGT) and retain possession of the rest of the dwelling as your holiday home. Rent a room isn't just one room it's kitchen bathroom etc. Even stay the odd night to reaffirm confirmation of your part possession. The tenant isn't a tenant but a lodger or licensee saving another can of worms

AnthonyG

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13:53 PM, 29th June 2023, About 2 years ago

Watch out if you leave the property empty for over 2 years as councils can charge you an empty home premium - increasing the council tax dramatically.

Graham Bowcock

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18:08 PM, 29th June 2023, About A year ago

Reply to the comment left by David Houghton at 29/06/2023 - 12:45
I wasn't suggesting it may be an HMO; this would, of course, lead to a need to comply with specific fire safety legislation. However, all landlords have a general obligation to provide property that is safe for letting/occupation. Part of this is fire compartmentalisation. In my firm we come across this quite often, especailly when a retail unit has had a flat "created" above and there is no fire separation.

As for using the lodger route, if the owner isn't demonstrably resident this arrangement is just a sham. Not something any professional agent or adviser would sanction.

Ginny Lee

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19:08 PM, 29th June 2023, About A year ago

I use to be a council tax officer. If you have made the property a one bed self contained flat in the building it would make it two properties. You need to contact your local authority so they can refer it back to the Valuation Office Agency for them to delete the property and make it two dwellings with to council tax bills. The tenants in the flat would be liable for that council tax, you for the other.

Oliver Rees

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22:05 PM, 29th June 2023, About A year ago

Just rent out the whole building to 1 person and write in the terms and conditions that they're only allowed to use the upstairs of the property to "x, y, z". They can continue to have enjoyment of all other areas of the ground floor of the house, including kitchen, bathroom, living room etc.

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