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Thread: Benefits of a lodger

  1. #31
    Senior Member nukecad's Avatar
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    I'm not sure that a lodger needs right to rent checks.

    EDIT- Yes they do, see below.
    Last edited by nukecad; 03-02-2018 at 02:02 PM.
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  2. #32
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    Sounds a bit iffy. If you come on a student visa, you have to be OFFERED A PLACE ON A COURSE see https://www.gov.uk/tier-4-general-visa/eligibility

    If she is working 7 days a week, then she's not actually studying said course?? And she won't be claiming, cuz then they would catch on. Also where is she living now and why does she wish to leave? Something to consider.

  3. #33
    Senior Member Lighttouch's Avatar
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    Quote Originally Posted by reddivine View Post
    Sounds a bit iffy. If you come on a student visa, you have to be OFFERED A PLACE ON A COURSE see https://www.gov.uk/tier-4-general-visa/eligibility

    If she is working 7 days a week, then she's not actually studying said course?? And she won't be claiming, cuz then they would catch on. Also where is she living now and why does she wish to leave? Something to consider.
    She lives locally in someones home. I don't know the arrangement but she's been there four years. I think she pays cheap rent in return for helping around the house. Apparently the owners are having relative/s return and they need the bedroom she has. She hasn't found anywhere else to live and has to move out mid March or a little sooner. She works very hard and can speak fairly good english.

    I wouldn't want to see her on the street or deported if her paperwork wasn't up to date.

    The best result would be if she changed her mind and didn't want the room - that's me buring my head in the sand!

  4. #34
    Senior Member nukecad's Avatar
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    LT,
    You need to be careful here, your cleaner's immigration status does sound somewhat suspect, especially as she seems to be working on a student Visa and not studying.
    You say that she can't get HB so she probably has 'no recourse to public funds'.

    I appreciate that you have already asked to see her passport, etc. but do follow through on the Visa and immigration status and do the full right to rent checks.

    Right to Rent checks are a legal requirement for Lodgers as well as tenants:
    https://www.gov.uk/government/news/r...across-england

    If you don't carry out the checks then you are unlikely to be punished if your tenant does have a right to rent. (But could be).

    If you rent to someone who has no right to rent then you can be imprisioned for up to 5 years (per tenant/lodger) and given an unlimited fine.
    (Unlikely unless you have multiple breaches, penalties are lower for private individuals who do not comply).
    https://news.rla.org.uk/right-to-rent-penalties/

    I believe, but am not sure, that you are also legally required to report anyone who tries to rent a property without the right to rent.
    EDIT-
    I can't find anything that says it is a legal requirement to report an applicant who has no right to rent, just this:
    The Home Office has set up a 'Landlords Checking Service'. Landlords are able to use this service if their prospective tenant doesn’t have any of the acceptable documents to prove that they’re in the UK lawfully.

    As long as the person provides the landlord with a Home Office reference number, the Home Office will do the check and get back to the landlord within 2 working days confirming if there is a right to rent or not.

    The Landlords Checking Service can be found here or call the helpline on 0300 069 9799.
    Presumably the HO check could lead to deportation if the applicant is not "in the UK lawfully".
    Last edited by nukecad; 03-02-2018 at 02:31 PM.
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  5. #35
    Senior Member Lighttouch's Avatar
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    Hi Nukecad, thanks for your research and findings - it makes interesting reading.

    My cleaner was here on Monday and she is a very willing and hard worker - you couldn't get better.

    Presently she lives with a husband, wife and baby. This family are having a relative say over for 6-12 months. My cleaner didn't bring a passport or any documents and might take up an offer of a room sharing with another Philoppean in a nearby town. I can understand her reluctance to get on the radar of the Home Office in case her paperwork has lapsed.

    Have you read about the atrocities happening in the Philippines. All the killings and murders going on - frightening!

    Anyway she's returning this friday to help shift stuff around and get my place back to normal. She doesn't need to move before mid April - maybe I'll have another lodger staying by then so the problem will go away.

  6. #36
    To be honest I think her stay in this country sounds very dodgy. Looks as if she is trying to get out of any enquiries by going to another family. I should be very careful if I were you especially as you are employing her and she is here illegally.
    Reluctance to show her passport really does ring alarm bells with me.

  7. #37
    Senior Member nukecad's Avatar
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    I don't necessarily agree, those on a student visa can work 20 hours/week during term time and full time during holidays.

    But it does bring up the question of whether you are employing the cleaner yourself or through an agency.

    If she is not through an agency (or registered as a business herself) then there are many things to consider, not just whether they have a legal right to work.
    https://www.gov.uk/au-pairs-employment-law
    https://www.gov.uk/legal-right-work-uk
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  8. #38
    Senior Member Lighttouch's Avatar
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    I don't go through an agency - she came as a recommendation from a respectable lady who also uses her. I employ her for 3 hours a week at £10 an hour. She also works for a Premier League footballers wife cleaning an 8 bedroomed house! She's doing work the 'English' people don't want to do so she fills a gap. She works for herself, has low overheads and isn' t an accountant. She doesn't live the life of riley - she's just a born worker who enjoys her job and is probably scared of the Home Office because she doesn't understand the rules/ She may well be legally able to draw on HB. However, she doesn't take any benefits from the State and doesn't want to rock any boats.

  9. #39
    Quote Originally Posted by Lighttouch View Post
    She's doing work the 'English' people don't want to do
    Yep the English people would rather scrounge on benefits . I really cannot stand comments like the above. I'm sure the home office know exactly what she is up to as naturally she will be declaring any income to HMRC.

  10. #40
    Senior Member nukecad's Avatar
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    Quote Originally Posted by Lighttouch View Post
    She also works for a Premier League footballers wife cleaning an 8 bedroomed house!
    Wasn't there a Premier League footballer prosecuted recently for employing an illegal immigrant as a housekeeper?

    And the rules on employing someone do not mention a minimum number of hours, just that you are paying them:
    You’re usually considered the employer of a nanny, housekeeper, gardener or anyone else who works in your home if both:
    • you hire them
    • they’re not self-employed or paid through an agency

    This means you have certain responsibilities, like meeting the employee’s rights and deducting the right tax.
    Oh well, what you do now is your choice.
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