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Can I be a resident landlord whilst temporarily non-resident in the UK?

Started by srd259, July 06, 2017, 02:27:54 PM

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srd259

In 2012 I bought my first home, in Bristol. In 2014 I took in my first lodger. I now have 3 lodgers (across 2 floors). I provide my lodgers with furnished accommodation, I retain access to all rooms in my home, they have no locks on their bedroom doors or exclusive use of any area of the property, I pay for a cleaner to enter their rooms regularly, I pay all council tax and energy bills, and my banking and voting is registered to this address. It is my main residence.

In April 2016 I went to Australia for a working holiday but returned home at times to live in my house. I did not move out of my home and all my belongings remained there for the duration of my time in Australia. I could have returned home at any time and been able to live in my house with my lodgers. The lodgers were in place and living with me before I left and are still in place upon my return.

I did not have a main residence in Australia as I moved all over the country and lived in motels and hotels whilst working (it was not just a holiday). I did however only spend 15 days of the 2016-2017 tax year in the UK (so am classed as an automatic non-resident for tax purposes for that year), but what is my landlord status for the 2016-2017 tax year?

I believe that I can still declare my Bristol home as my main residence (because it is the quality and not the quantity of occupation at my main residence that is important with regards to whether it can still be classed as such and I did not have another main residence during that period) but then how does this affect my 'resident-landlord' status given that I am a temporary non-resident for that year? Is this possible in the eyes of the law? i.e. can I be a resident landlord whilst temporarily non-resident in the UK? It sounds contradictory.

I am not sure my lodgers met tenancy criteria or that I have met live-out-landlord status or AST criteria.

Many thanks in advance for any advice - it is much appreciated. Kind thanks