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Joshua
Joshua, Lawyer
Category: UK Tax
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My question is similar to one already posted; I have a large

This answer was rated:

My question is similar to one already posted; I have a large house (an old vicarage) with a one bedroom annex in the grounds, which is furnished. It has the same gas and electricity supply and is bundled with the main house for council tax purposes. If I let the annex, can I consider this to be 'rent a room' under the current HMRC rules? Thanks for your help

Joshua :

Thanks for your question. Please kindly RATE my answer when you are satisfied

Joshua :

Does the annexe has its own self contained kitchen and bathroom please?

Customer:

Yes it has its own small kitchen and bathroom

Joshua :

Thanks. If the annexe is self contained it will not qualify for the rent a room scheme unfortunately because a building or part of a building that is designed for permanent use as a single residence - e.g. has its own kitchen and bathroom - is treated for the purposes of the legislation as a separate dwelling and therefore does not qualify even if its division is only temporary.

Joshua :

In addition there are two further issues you should consider. First if the annexe is self contained then you will be creating a tenancy irrespective of what your written agreement may call itself with a minimum period of 6 months security of tenure and the requirement to protect a deposit etc. It is possible to overcome this if you provide services to the tenant - e.g. cleaning one a week or meals.

Joshua :

Second based on what you say if the arrangement comes to the attention of the council it is very likely they will seek to impose a second council tax charge on the annexe. It is likely you would have to remove the kitchen in order for a second council tax charge to not apply.

Joshua :

Is there anything above I can clarify for you?

Joshua :

Does the above answer all your questions or is there anything I can clarify or help with any further?

Customer:

ok that is very helpful

Customer:

Kind regards

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