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  • Section 24 HQ

    Section 24 and Rent a Room relief

    The first example seems cut and dry to me. The owner no longer lives in the property so this cannot be deemed a licence, as they are no longer sharing with the landlord the family member does not by proxy become the owner or landlord, neither was an agreement made with the said family member. This would be a tenancy.

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    Service Occupancy Agreement - A service occupancy agreement for use when an employer requires an employee to reside in a property owned by the employer for the better performance of the employee's duties. The agreement creates a licence that is personal to the employee.

    Housing Act 1988 - A tenancy or licence is also excluded if— (a)under its terms the occupier shares any accommodation with a member of the family of the landlord or licensor;

    PIM 4010 - It is not necessary for the residence to be the individual’s only or main residence throughout the whole of the basis period. But it must be the only or main residence at some time during the basis period.

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    Gary a service occupancy agreement doesn't automatically make one a lodger, as the accomodation basis of the relationship is form from the employment and usually a occupier doesn't pay rentduring the said employment. However i can see where this is very confusing.

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    Jerome, from your previous reply "The first example seems cut and dry to me... This would be a tenancy." I don't have this confusion.

    The service occupancy creates a licence, the babysitting excludes that licence, the RARA is valid, at least for the first basis period.

    The first question would be whether the excluded licence continues to qualify for the RARA.

    The second question would be whether the shared occupancy test will prompt the first question.

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