Surely I cannot be classed as a Landlord?

You could also just gift your child 1% of the property, will cost around £500 for solicitor to sort this out.
Then they will officially be an owner occupier and never have to worry about any regs or busybodies at the council trying to interfere.

Reply to the comment left by DPT at 18/01/2025 - 09:45
So you buy a second home and let your child live there for free. If you are not a landlord under AST then why do you need to do gas and EICR? If the child lived at home would you do gas cert and EICR on your own home?

You can execute a deed with your intension and restrictions. You don't need a ast. You are giving your property to someone to live. Here it is your son. Basically beneficial interest for staying but not anything else. You can cancel a deed with another one when required.

I worked in Housing Enforcement for a decade and we wouldn't class a property that's occupied by a family member of the landlord as meeting the definition of a private rental property. The piece of legislation that covers it has slipped my mind right now, but maybe call the council and ask to speak to an EHO just to double check how they view it in their area. Council tax is based on the occupant, and you don't need to have a tenancy agreement for your son to get the discount. Again call the council

I love all the answers and thank you all. I think I'm just going to let my Son have it and let the LA know.
But, if there are any experts out there who definitely know the answer it would be helpful to have your advice.
Kind Regards
Godfrey

Reply to the comment left by Gee Ren at 17/01/2025 - 14:35
I don't think so. If no/low rent then even if L/T relationship does exist, it's not an assured tenancy and therefore cannot be an AST. And, in any event, in an informal relationship a family connection is a classic example of there being "no intention to create the legal relationship of landlord and tenant" (Street-v-Moutntford).

Your son lives in a property you own under father/son relationship nothing else, as long as you don't charge him for anything, like electric, gas, water or Council Tax, as long as he pays these utility bills all in his name and he can also apply for 25% reduction in CT or get fully exempt as a full time student, There is no obligation on your part to make him a tenant, as he is not paying you any rent, For sure he can give you fathers day gift, that won't be considered as any rental or otherwise any form of income. But if you or him fall out, and he doesn't want to move out, you will then be in a sticky situation, but my guess is that you could take him to a court not as your tenant but as your son and you want him out, so a court will have to make an order for him to pack his bags and leave or you may have to file for court bailiffs. to be on the safe side seek legal advice.

Reply to the comment left by Godfrey Jones at 18/01/2025 - 21:24
I know the answer because I was in the exact same position and consulted as solicitor at the time.

The legal definition is a licence to occupy, as without a legal definition then it would be classed as trespassing.

As long as no rent is paid, neither party is wanting to enter a landlord/tenant relationship and that you still have access to the property then you are not a landlord.

Reply to the comment left by JamesB at 18/01/2025 - 09:39
Very strange that the council require a tenancy agreement if one doesn't exist. Same situation, during COVID daughter came back to hometown to live in one of our flats. She registered for utilities and council tax, (student so didn't pay any), paid no rent. No problems at all. Don't believe the council have the power to enforce a tenancy agreement. They usually just do random visits if they are suspicious of anything.

Reply to the comment left by Lucy Smith at 18/01/2025 - 21:20
If you could think of that legislation you refer to it would be extremely helpful to all of us.