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Agreement for 1-bed Annex attached to my home?

Started by PeterG, October 29, 2024, 02:15:45 PM

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PeterG

Hi All,
I am new here, and I am hoping that this is an easy to solve.
I have been renting my attached 1-bed Annex on and off for a couple of years now, and want to make sure that I am using the right agreement, especially with the new Section 21 rental reforms coming in soon.

Which type of agreement should I use for people living in my Annex?  STA or something else?

I am concerned about how the Section 21 ban will enable people to stay in my annex for years even if I want to use the space for myself or do building work etc, so I want to know what type of agreement gives me better protection to retake that part of my own home.

Are there any exceptions in the proposed law for attached Annexes?  What other agreements than a Shorthold Tenancy Agreement can I use?

jpkeates

Annexes are not easy, so it's possibly not "easy to solve".

Could you describe the setup?
Do you share any space with the occupant(s) of the annexe?
Can they live in the annex without needing resources anywhere else?
How do the occupants get in and out and how do they receive deliveries?
Are the utilities shared?
Are you in Scotland or Wales?

PeterG

#2
It has it's own bathroom, own downstairs toilet, separate kitchen and livingroom.  Garden and conservatory are shared, as is driveway.
It has a separate front door, separate energy supply and boiler, but same water as me, so some of the utilities are shared.
Also, it is all 1 property on the land registry and deeds, and all 1 property for council tax purposes.
I am in England.

jpkeates

I suspect that the annex is a dwelling house, so any agreement will be an AST, until they're abolished by the the Renter's Right's Bill next year (or so). So it's a standard tenancy, and it'll be affected by the end of s21 in the same act.

There's not much you can do about that, to be honest, other than treat the property as an AST, doing everything correctly, but not calling it that and trying to get the occupant(s) to think it's more like a lodger's agreement.

David

JPK is spot on as usual regarding whether it would be deemed a separate dwelling and the AST being the correct agreement.

Honestly I would not worry about S21 because S8 will have adequate conditions for reasonable eviction.

What I hear a lot about from Landlords is that they are moving to AirBNB type holiday lets, they charge more and rent less days.

So what you have to weigh up is admin vs security of regular rent.



Quote from: PeterG on October 29, 2024, 02:15:45 PMHi All,
I am new here, and I am hoping that this is an easy to solve.
I have been renting my attached 1-bed Annex on and off for a couple of years now, and want to make sure that I am using the right agreement, especially with the new Section 21 rental reforms coming in soon.

Which type of agreement should I use for people living in my Annex?  STA or something else?

I am concerned about how the Section 21 ban will enable people to stay in my annex for years even if I want to use the space for myself or do building work etc, so I want to know what type of agreement gives me better protection to retake that part of my own home.

Are there any exceptions in the proposed law for attached Annexes?  What other agreements than a Shorthold Tenancy Agreement can I use?