Here is a question to the blog clinic from Jane (not her real name) who is a live in landlord
I am a live-in landlord, however I foolishly picked the wrong tenancy for my tenant. I signed an Assured Shorthold tenancy.
Does this mean that I lose my rights as a live-in landlord? Specifically, does it mean that I could be in trouble because I did not know that this meant I would have to register the deposit in a government-backed tenancy deposit scheme?
Don’t worry, if you live in the same building then you cannot have an AST whatever it says on the document signed by the parties.
Provided the building is not a block of flats where you live in one flat and your tenant lives in another one – in which case it WILL be an AST – but it does not sound as if this is the case here.
It is only deposits paid by tenants with an AST which have to be protected so you will not get into trouble for failing to protect this one.
Indeed, if the occupier shares living accommodation with you and you are able to go into their room (eg to change the sheets or for cleaning) then it is not actually a tenancy at all. The occupier will be a lodger under a residential license.
You will find out more about this on my special website for lodger landlords here.