Surely I cannot be classed as a Landlord?

I don’t think you would avoid council tax if there was no tenancy agreement and no money changed hands. If there was a tenancy agreement or if money changed hands then you would be the landlord.

It’ll be interesting to see what others have to say.

I'd be interested to see people' views on this.

We may have a family member owning a house that's lived in by his cousin and husband. I have suggested that he needs to behave as an ordinary landlord would but have no real basis for this.

I think it goes without saying that you should do the safety checks - so get the gas and EICR up to date. You MAY not legally need these, but why would you not want to do them?

Thereafter you don't have much else to worry about - no deposit or How to Rent guide needed.

Just a thought, though - will you document the relationship? How will you get son out if you want to sell the house or if he lets you down in some way? The usual answer is "he's my son", but my experience in this field tells me that response is worthless, so perhaps you should do a tenancy with the formalities so you can be sure of having the necessary control in place.

Does the house have a BTL mortgage on it?
If so allowing your son to live there may be breaching the mortgage conditions.

If it doesn't have a mortgage it may be a better idea for him to sign a tenancy agreement and pay some rent and bills (even if you give him the money to do so). Insurance companies usually prefer houses to be occupied and it would give the Council Tax exemption.

My understanding is council tax is based on who is living at a property and has nothing to do with an AST. The forms always ask for the date that person moving in with their furniture. If your son qualifies for student exemption (his course is full time etc..) this applies to where he is staying I.e. your property irrespective of rent and AST. But it is you as the property owner that has to sign the deceleration.

So my view is yes from a council tax perspective it would become exempt. But each LA might be different so best to call and check.

I don’t believe a son living exclusively in a dads house is a landlord tenant relationship when no money is exchanged.

As another has said if your have a mortgage better check the T&Cs

Reply to the comment left by Jo Westlake at 17/01/2025 - 11:20
If he did pay some rent, even with your money, you will end up paying tax on your own money. Could work out costly!

I would keep things simple. Let him live there rent-free, and give him the money to pay his council tax. He should qualify for single person's discount.

Yes, even if there is no written tenancy agreement, you will be classed as a landlord with an implied tenancy between you and your son
With an agreed rent of £0 per calendar month you would be liable for general repairs etc, under the current law if a complaint were made or if the local authority was notified that a breach had/is occurring.
Your son would be eligible for 100% council tax reduction from the local council backdated to the date he moved in and started studying. An energy bill in his name for the property should suffice for proof of residency but an informal letter from yourself may also be needed to corroborate the fact yes he is your son and resides in your property for CT proposes.

Reply to the comment left by NewYorkie at 17/01/2025 - 13:26
Even if a house is empty it still costs something for insurance, at least some heating (unless you have drained the water system), some electric, etc. There are multiple totally allowable expenses that can be claimed to offset the rent charged. There is a weird tax rule about how the offset expenses can't be higher than the rent received if the house is occupied by a family member. So I guess that means if nothing is charged, nothing can be offset (including the insurance payment).

It baffles me why anyone would encourage their kids to sponge off them to that degree anyway. Low rent is a nice gesture. Free housing can be hugely problematic.

My experience is that local authorities pay absolutely no attention to tenancy agreements.

I agree with @JaSam and would probably just name your Son as living there

I had this situation myself, living in my mothers 2nd property rent free but her not living here and me paying bills
You are creating what is called a licence to occupy, you are not creating a landlord and tenant relationship
When I researched this a few years back the only thing you needed was a gas safety, other landlord rules did not apply

Reply to the comment left by Gee Ren at 17/01/2025 - 14:35
If not paying rent and neither party are looking to enter into a landlord and tenant like relationship, then it is classed as a licence to occupy, which is not the same as a tenancy

As far as I am aware, only gas safety is needed for licence to occupy, but even this was a grey area if I remember correctly