Surely I cannot be classed as a Landlord?

Surely I cannot be classed as a Landlord?

0:00 AM, 17th January 2025, About 2 weeks ago 54

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Hi, My Tenants moved out a few months ago so I have a house standing empty I’m paying Council Tax on which is near my Son’s University.

My full-time student Son stays there a couple of nights a week but has asked to live in the property full-time (obviously rent-free). I would also help him out with bills.

I’m just thinking of doing this to help my Son out but obviously his Student Council Tax exemption would prove useful to myself and it makes sense to have someone living in the property to keep an eye on things and with maintenance.

As I would be basically just a Dad giving my Son a property to live in, FREE of charge, would I still be bound by the usual Landlord rules, regulations and Licensing i.e providing Gas and Electricity Certs and registering for a license scheme or have to sign on to a Landlord’s Register?

If I’m not charging anything surely I cannot be classed as a Landlord?

Many thanks

Godfrey


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Slooky

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12:26 PM, 25th January 2025, About 2 days ago

Reply to the comment left by NewYorkie at 25/01/2025 - 10:21
Yes but even if it's a business surely it's still okay for you to do with the property what you want as long as you don't claim any expenses for that property.

GlanACC

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15:26 PM, 25th January 2025, About 2 days ago

Reply to the comment left by Slooky at 25/01/2025 - 12:26
Well, in theory that correct BUT if you have ever claimed any expense against the property (eg mortgage payments, repairs) then in effect that property is part of your 'business' so you can't suddenly decide that it is not.

Slooky

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8:59 AM, 26th January 2025, About A day ago

Reply to the comment left by GlanACC at 25/01/2025 - 15:26
We eventually intend to move into our buy to let's. What would happen in that situation. I assumed the business would stop.
Regarding a family member moving in why can't you "cease" that property being part of the business for that period of time. I don't understand?

GlanACC

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9:26 AM, 26th January 2025, About A day ago

Reply to the comment left by Slooky at 26/01/2025 - 08:59
Here is the HMRC take on it -

ncome Tax pitfalls
Allowing friends and family to live in a property rent free might be a kind gesture but doing so may affect the extent to which expenses are deducted. If a property is not available to generate income, the expenses will not have been incurred ‘wholly and exclusively’ for the purposes of a property rental business.

To ensure that the property does not lose its ‘business’ status it needs to remain available for commercial letting at all times even if the property is being used rent-free for a time.

As per usual 'rent free for a time' is not defined by HMRC.

So as long as you don't claim any expenses against the property whilst your son is in it, I think you should be OK.

Incidentally, it is quite possible that as your property is rent free your son, OR anyone who happens to share the house with hi could potentially claim squatters rights (unlikely but possible).

When I let my daughter live in one of my properties whilst at university, I did charge a nominal rent as that meant I could claim for expenses (repairs, boiler serviucing etc)

Slooky

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9:34 AM, 26th January 2025, About A day ago

Reply to the comment left by GlanACC at 26/01/2025 - 09:26
How do you see a nominal rent. I.e. if the normal rent is 700 and you charge 400? Would that be acceptable. And how would HMRC view such a nominal rent. Would it alter claiming 100% of expenses. I only ask because my daughter who then went back to university and student accomodation for 2 years then came back to live at one of my flats (she was lucky a tenant was moving out). She now pays but at a reduced rate. Would that mean I would have to reduce expenses claim by the amount of reduced rent. Although there were things that had been destroyed by the previous tenant but she was happy to live with that.

GlanACC

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11:22 AM, 26th January 2025, About A day ago

Reply to the comment left by Slooky at 26/01/2025 - 09:34
Well it comes down to what you think you can get away with.

I think the guide is to make sure your expenses don't exceed the rent.

Bear in mind that HMRC won't see your expenses or rent in detail as they just get 2 figures at the end of the year, so yes I would have though 400 was OK (you could base it on the Local Housing allowance) , but you would have to treat the property as a 'business' and issue an AST .

Any larger expenses such as new boiler, redecoration would then be justified.

Needless to say the new renters rights bill from Labour may have some effect on ASTs (in particular for students) so keep an eye on it.

Reporting of profits etc will be changed by the HMRC MTD (Making Tax Digital) for Self Assessment which is due to come in 2026

Slooky

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12:11 PM, 26th January 2025, About A day ago

Reply to the comment left by GlanACC at 26/01/2025 - 11:22
Thanks for your insights. I rounded down her rent it is slightly higher and is the LHA rate for her age. Interesting you make a comment on making tax digital. I would like to see more articles on how people are going to do their returns and what software they plan to use. I still hope just to use a spreadsheet. Going to get more complicated when HMRC actually want a payment every quarter - have to keep and eye on things every quarter instead of the months before year end.

GlanACC

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13:46 PM, 26th January 2025, About A day ago

Reply to the comment left by Slooky at 26/01/2025 - 12:11
I have done some research on this and as I use SAGE for my accounts (not just for properties but for another business as well) I am hoping they will build the returns into the software, which they have said they would - no doubt charge more ! do know other accounting packages are planning to add this service.

HMRC have already said they WILL NOT be developing any software for it, you will have to buy something.

You won't be able to use a spreadsheet unless it goes through 'some kind' of transformation and is submitted to HMRC (there may be some free software that will be around, but personally I wouldn't trust it).

You will also need an HMRC account which if you haven't got one already, you can request one now .

Peter Merrick

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17:01 PM, 26th January 2025, About 21 hours ago

Reply to the comment left by Slooky at 26/01/2025 - 12:11
Oh well, four spreadsheets every year it is then!

Godfrey Jones

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10:13 AM, 27th January 2025, About 4 hours ago

Reply to the comment left by Peter Merrick at 26/01/2025 - 17:01
I really appreciate all the advice guys. So basically my Student son can live in my property rent free and as long as I can visit anytime I don't need any type of contract and the Council Tax Student Exemption should apply. There is no need for Gas or Electricity Certificates, although although I may still get them don for my own piece of mind, and no more paperwork needed to HMRC as no rent. Does that just about summarise it?

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