paperwork to allow rent free occupation

[islandgirl]

I would very much welcome views on this. I know someone who has inherited a house and is planning to let his daughter live in it rent free. She has a boyfriend. He was going to do so with no paperwork but I have warned him that he should have at least a basic agreement in place. He will not involve solicitors and is paperwork averse! I thought an agreement could be written between him and his daughter only giving her permission to live there (ie not boyfriend in case they fall out) and detailing who pays the bills, who repairs the boiler etc. I have received some great replies and help on a landlord site I visit but the advice is mainly don't do it or get it professionally done neither of which I think my friend will do! Any idea what should be in the agreement please (pitfall descriptions also welcome!). Many thanks

[paulajayne]

Tenancy agreement renewed every year £1/annum should do it.

[islandgirl]

Thank you very much - but would there be any need then for gas certificates etc?

[paulajayne]

Gas certs could be written into the rental agreement for them to carry out - required as it would be a rental property.
Just need to word it carefully to include all maintenance and mandatory checks so that daughter cares for the property and pays all bills gas, electric council tax etc.

He should look to insuring the property.

Single occupancy could also be written in, with her requiring permission for long term guests.

[islandgirl]

Thank you so much paulajayne that would seem to be what this person needs - your help and advice is much appreciated.

[Cinderella66]

islandgirl It is the landlord's statutory duty to carry out the safety checks and they cannot contract out of those duties so I'm afraid your idea of making the tenant responsible would not legally stand up.

The reason the responses you received on the other forum are don't do it is because it's a mistake not to keep business and pleasure separated.

What I would do is charge rent to the tenant comparable with the fulfilment of the landlord's statutory duties. So £95 per year for gsc, £50 for the EICR, a nominal 1k for repairs etc etc, divide the annual cost by 12 and charge them that in rent per month.

If the landlord is hoping not to have to do anything, it won't work for the aforementioned reasons.

[islandgirl]

Thank you Cinderella66 - as a LL myself I could not see how it would be possible to avoid gas certs etc. Your suggestion of dividing the costs is very helpful. I agree re business and pleasure but this person wants to give his daughter somewhere to live which is a positive thing - I am just trying to advise him what to do to protect himself - he would be happy to have no paperwork at all.