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Hello and welcome to the Airbnb Superhost Podcast.
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I'm Neil Harvey, your personal superhost, and whether you're new here or a regular listener, thanks for tuning in.
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This show is all about sharing the highs, lows, and lessons from my 10 years of Airbnb hosting.
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Whether you're a Libyan host or an absent host, I'm here to help you stay five-star rated, earn that superhost and guest favourite badge, and maybe even ditch the day job, just like I did.
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And of course I'll be sharing another superhost secret, my tried and tested takeaway to help you build a smoother, smarter hosting business.
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Now in this episode, we're taking a different angle to my normal format, as I have the honor of interviewing an expert in the property industry.
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What have I told you that there's a way to earn from your home, meet amazing people, and bypass almost all the regulations imposed on traditional landlords?
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All completely legally.
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Well, Julie Ford has managed celebrity portfolios, advised homelessness charities, worked in housing law and mediated landlords' disputes.
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She's a certified compliance of property manager, qualified expert who trains landlords nationwide for the NRLA.
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And as founder of Lettings Advice Service and a trusted media voice, she's literally written the book on UK property rules.
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Julie, welcome to the show.
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Thank you.
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My first question to you is this.
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As a live-in Airbnb host, I've always believed the rules differ from those for guest houses or absentee-run service accommodation.
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Am I right?
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Yeah, absolutely, you are correct.
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Really?
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It's about differentiating between a live-in host and whether you are running a commercial business.
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So we look at things like VAT on the room rates, for example.
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VAT would take you into a commercial setting because obviously it's what most businesses charge and it's business deductible.
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Other things such as the occupants being able to have their rooms moved around at a minute's notice, that again gives the, you know, moves it away from the commercial element.
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But yeah, absolutely, as a living host, you certainly are somebody who takes it outside of the commercials, as well as not having staff.
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That is something else, because obviously, if you have staff, that's a business.
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So yeah, absolutely.
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So when you talk to people about living and hosting, what are the common misconceptions?
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I think the most common misconception is they believe that it comes with a lot of legislation.
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Because obviously the private rented sector does, it comes with 169 laws and 402 regulations.
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When you move into I know, and I know them all.
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And when you move into hosting or even taking lodges, and again there's a difference there between the two, you have to understand that the occupants don't have as much protection for their security of tenure and also when it comes to being evicted.
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They don't have protection from the Housing Act, they don't have protection from Eviction Act 1977.
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So they can pretty much be turfed out with just, you know, their time has come to an end, they've paid for three days, their three days is over, off you go, son.
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That's it.
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They they have nothing to sort of come back with.
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The only thing you're covered by realistically is consumer protection because they are your customer at the end of the day.
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But again, that's minimal because as long as you do your your role correctly and you are providing them with a good customer service, there's not really much they can come back for.
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Yeah.
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Now a question I'm often asked is: can I claim the tax-free allowances with the rent a room scheme if I do Airbnb?
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So, rent a room scheme is predominantly for lodgers because it's somebody who's going to use that dwelling as their main and principal home.
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That's the difference.
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Simple as that.
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Simple as that.
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Okay, good to know.
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Now the property industry is littered with rules and regulations.
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So what would be the first thing you would say to someone who's afraid of getting into trouble if they were to list a room or two on Airbnb in their own home?
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Um, I'm gonna say that there may be a possibility of getting in trouble as long as they have looked at everything first.
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So, first of all, do they own the property?
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That's the first thing.
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If you're renting yourself, then there may be restrictions in your own tenancy agreement that don't allow you to take a lodger or have a guest or rent it out in any way, shape, or form.
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But if it's your own property, then there shouldn't really be much of an issue.
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There's very unlikely to be any covenants that will you know prevent you from having guests.
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But there may be something that prevents you from having multiple guests.
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For example, if you're in a leased block of flats, there may be a restriction on the number, but there certainly won't be a blanket restriction.
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But if you're renting, yeah, there possibly might be.
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And again, if you are thinking of going moving back into your buy-to-let property, you'd need to change those mortgage terms because obviously it's not a residential mortgage, it's a buy-to-let mortgage.
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If you're living in there and starting to rent out the rooms, just speak to the lender, get those terms changed.
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With my home insurance, my my uh buildings insurance, I told them what I was doing and said, and some people booked with me directly, so please can I be insured for them?
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They said, Yep, sure.
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They said, uh we'll insure you for eight people on site.
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And I said, Can you make it ten?
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They said, Yeah, okay.
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Exactly.
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As long as you have conversations with these people, normally there isn't too much of an issue.
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It's when you don't tell them when they find out that's when they they tend to get a little bit stroppy.
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Yeah, makes total sense.
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Actually, Julie, can I jump in with a quick announcement?
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On Saturday, the 29th of November 2025, I'm opening the doors to my home here in Hatfield, Hertfordshire for an exclusive open day.
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Just five spots available, first come, first served.
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It's from 10 till 4, and I'll walk you through exactly how I run my live-in hosting setup, what works, what doesn't, and how you can start earning from your home too.
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There's a small commitment fee to attend, and if anyone would like to join me, then just follow the bit.ly link in the show notes below to register your interests.
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And just to reinforce the point, Julie, live-in hosting is not the same as running a commercial entity.
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Yeah.
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And also for you, you can stop at any time.
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If you decided tomorrow I'm not doing this anymore, but from a commercial entity, you probably would have contracts with people, things like that.
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So you'd have all of that element to think about, you know, how do I close this business down?
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So again, they're there they are different entities.
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So there's a distinction between the tenancy law, planning permission, unless you're in Wales.
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Oh, right.
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Unless you're in Wales.
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If you're in Wales, even if you are just renting out a room and class as a living host, it is actually comes under planning permission.
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I think it's class C6, but don't quote me on the class.
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But there is, yeah, in Wales it is slightly different.
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It will require planning permission.
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And can you walk us through a few of the main regulations that landlords and holiday owners face, which don't apply to a living host?
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Um I would say there's probably only one that applies to a living host, and that is the gas safety.
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So a landlord's annual gas safety is required whether you are a living host, whether you have someone who is coming to you as a lodger, whether you're in the private rented sector, whether it's social housing.
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Landlord's gas safety is law for everybody.
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That's probably the only one that that really applies.
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You don't need EPC, you don't need EICR, which is your electrical safety, you don't need to give them how-to-rent guides, you don't need to protect deposits.
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All of those things don't come into play.
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So really the only thing is the gas safety is the only thing that I would say that would go across the board.
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That's amazing.
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A quick break while I butt in on my own show, just to say if you're enjoying this, why keep it to yourself?
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Please do share this podcast with someone who needs a laugh and a bit of wisdom.
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Oh, and if you want to see the sorts of things I'm talking about, I'm all over TikTok, Instagram and YouTube.
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Come and say hi.
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Check out Superhost Neil.
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Right, that's enough shameless plugging.
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Back on to the episode.
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I was um at a meeting of uh just around the table, it's actually here in Hatfield, for an hour and a half, and the conversation was all about the problems of tenants.
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And at the end of it, I said, Have you got nothing positive to say about tenants?
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I said, I've got wonderful guests.
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And I love it.
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And all you've been doing, they all laughed and said, Well, yeah, of course, so so some of the tenants are quite nice, but uh but they were all running HMOs.
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Or most of them were.
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HMOs are a different mentality though.
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Very much so.
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So talk us through that.
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First of all, what is an HMO for anyone who's listening to the S.
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So an HMO is a house of multiple occupations.
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So that basically means the landlord doesn't live there, and you have, um, depending on where you are council-wise, it will be three or more unrelated people sharing, but to get a mandatory licensed HMO, it's five or more unrelated people.
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But different councils may want licenses for smaller HMOs.
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And basically the difference is everybody is renting a room in this shared house, but it's their main and principal home.
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It's it's where they live.
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They have exclusive possession of their room, which basically means the landlord cannot go in there regardless of whether there's earth, wind, and fire.
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They cannot go in.
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They have to have the tenants express permission to enter that room, but landlords can enter the communal areas in HMOs.
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Where some landlords fall down is they will give an assured shorthold tenancy, as we know, as an AST.
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They'll give it to all of the occupants as a joint tenancy.
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That basically removes their ability to go through the front door without the landlord's permission, which is why it's always important to do HMOs on room-only ASTs.
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That sounded very complicated.
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I'll stick to living hosting, I think.
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Because as uh section 21.
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Yes.
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Well that describe what that means and why I'm not subject to it.
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So section 21 is exactly what it says on the tin.
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It's section 21 of the Housing Act 1988.
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And that was brought in when Margaret Thatcher decided that the um housing system needs shaking up a bit.
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So prior to the Housing Act, we had what's called assured tenancies.
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So that provided quite a lot of security for tenants and made it quite difficult for landlords to get their properties back or evict if they needed to.
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So that has pretty much been used through history now for landlords evicting tenants.
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The reason why you are not subject to this is because you don't have tenants.
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And we go back to the whole what creates a tenant, what makes a tenant.
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So there's quite a lot of case law to this, but because your guys don't have exclusive possession, you can move them at a moment's notice.
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It's not their main and principal home.
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They don't have that exclusive element, they don't have the protection.
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So they're outside the Housing Act, and therefore they're outside the Protection from Eviction Act as well.
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I love it.
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Keep going.
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One question there is if a guest comes and we agree that they can stay for two months, and then at the end of the two months they say, Can I stay another two months?
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I mean, it's full time.
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When do they become a tenant?
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How do we define when the the scenario changes?
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Okay.
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It's a really good question, but quite easy to answer.
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At no point just because of their length of time do they become a tenant.
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So it's not the length of occupation, it's how they occupy.
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Right.
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So back to that.
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It is exactly back to that.
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So have you changed the setup?
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Are they now, you know, have they now got a lock on their room and you can't go in there without their permission?
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Have you given them that exclusive possession of their room?
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That would be a key element.
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Have they got somewhere else to live?
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Nine times out of ten, guests, even if they're staying for a long period of time.
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So, for example, if you had a guest that was staying because they were a contractor and they had a job down here building, I don't know, Universal Studios for the next two years, that wouldn't mean they were a tenant because they stayed with you for the next two years, because this isn't their main and principal home.
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And those are the key things we look at.
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So length of occupation doesn't create a tenancy on its own.
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Ah.
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I I always thought that there was a there was a time limit.
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So that that's no, a lot of people think it's six months.
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Yes.
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Um That's what I've heard.
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I have read somewhere where people think if it's if it's occupation for three months or more, they're automatically a tenant.
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A lot of that confusion comes from the urban myths of the um tenancy itself.
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So an AST, an assured short hole tenancy that we spoke about before, can be as long as you want it to be, but a landlord can't issue the section 21 within the first four months.
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Section 21 is two months' notice.
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Ergo, you've created a six-month tenancy without even having to try.
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So I think the confusion comes from there.
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And the three months comes from a lot of landlord insurance policies will actually stipulate three months occupation as a tenancy.
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Right.
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So the that's where the confusion comes from.
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But in legislation itself, there there is no term that automatically creates a tenancy.
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Other things have to be part of it.
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I'm so glad I answered that question because I've heard from several people who I respect in the business give me the six-month or the th or the three-month a cut-off line.
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Um I've got a divorcee who's staying with me at the moment, and he's been with me on and off now for a year, but he's a teacher, so during the holidays he he he goes off and and if he comes back, he may be in a different room for for the first day before I'm moving back into his preferred room.
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Yeah.
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And uh so I I I've always been under the impression that's oh that that's good because he's broken the the six-month run.
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But there was case law on that as well.
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I think it was um Brill Out versus Landless, 1985, 1995, sorry.
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And that was exactly that, it was exactly that case.
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Somebody came to, it was actually an official guest house.
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They came to a guest house with their daughter.
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They stayed for two or three weeks at£100 a night, then they extended, then they extended, then they extended.
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They weren't paying, though, so the guest house said, Well, you've got to go, you're not paying the bill.
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The um occupant then went to the council, complained, I'm being evicted.
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The council intervened, and basically, when it went to court, then had to go to appeal, and at appeal, which is what stands, it was basically no, he he was nothing more really than a bear licensee, so he didn't really have a lot of protection because of all of the other elements that didn't create a tenancy for him.
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So, yeah, there's case law on that as well.
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I'm feeling better as the conversation goes on.
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You're actually confirming so many things that I've had up till now just assumed.
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Judy, let's take a break now and carry on the conversation next week when we can talk about the dangers of using AI in our research, where to look to find out what local restrictions there might be in your area, and touch on the subject of planning permission.
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In the meantime, where can we find you?
00:15:35.759 --> 00:15:38.639
So listeners can find me pretty much anywhere.
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I'm kind of everywhere, to be honest with you.
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Um, you can find me on all the social media platforms, um, it's Julie Ford TV, um, and on LinkedIn it's just my name, Julie Ford.
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But if you want to get in touch with me or you want to use my services, then it is the lettingsadvice service.co.uk.
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It's straightforward.
00:15:55.200 --> 00:16:01.519
So anyone can send you a message on LinkedIn, send you an email to that email address.
00:16:01.679 --> 00:16:01.759
Yeah.
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And your website, I guess, outlines exactly what you do.
00:16:04.799 --> 00:16:06.480
Yeah, and there's a contact form on there as well.
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So if anyone wants to get in touch, they can use the contact form on the website as well.
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Yeah.
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Amazing.
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Thank you very, very much for being my guest.
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I've thoroughly enjoyed it.
00:16:16.000 --> 00:16:19.519
I thoroughly enjoyed it partly because you confirmed everything that I have sort of hoped.
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Basically, I have anticipated that this is how it works, and you've just confirmed it.
00:16:27.120 --> 00:16:34.480
Well, this podcast is actually an edit of the original interview, which you can see on my YouTube channel, SuperhostNeil.
00:16:34.799 --> 00:16:43.360
And my superhost secret for this episode is this always take advice from someone who knows what they are talking about.
00:16:43.759 --> 00:16:47.279
I was once told, don't ask the butcher how to make candles.
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He's not a candle maker.
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Sure, he'll have an opinion.
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But if you want to make candles, seek advice from someone who's actually doing that work successfully.
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And to reinforce just that point, here's my limerick on just that subject.
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A chap wouldn't pay for advice.
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Although experts seem pricey, think twice, as the blunders he made left him deeply dismayed.
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He now pays much more than their price.
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Well, that's it for today.
00:17:17.599 --> 00:17:22.880
If you know anyone who might be thinking about earning some money through hosting, please do share this podcast series with them.
00:17:23.119 --> 00:17:34.000
Alternatively, I'm actually currently offering the opportunity to come and spend a day with me at my property in Hertfordshire in the UK to see what I do and how it works.
00:17:34.240 --> 00:17:39.920
There's a bit.ly link in the show notes to register your interest if you'd like to apply.
00:17:40.400 --> 00:17:41.680
Follow me on Instagram, etc.
00:17:41.839 --> 00:17:45.039
at Super HoseNeil for more tips, tricks, and a bit of laughter.
00:17:45.119 --> 00:17:53.759
And until next time, may your rooms be booked, your reviews five star, and your decisions all based on sound advice.
00:00:12.080 --> 00:00:14.880
Hello and welcome to the Airbnb Superhost Podcast.
00:00:14.960 --> 00:00:21.920
I'm Neil Harvey, your personal superhost, and whether you're new here or a regular listener, thanks for tuning in.
00:00:22.160 --> 00:00:28.000
This show is all about sharing the highs, lows, and lessons from my 10 years of Airbnb hosting.
00:00:28.239 --> 00:00:38.719
Whether you're a Libyan host or an absent host, I'm here to help you stay five-star rated, earn that superhost and guest favourite badge, and maybe even ditch the day job, just like I did.
00:00:38.960 --> 00:00:46.880
And of course I'll be sharing another superhost secret, my tried and tested takeaway to help you build a smoother, smarter hosting business.
00:00:47.280 --> 00:00:57.600
Now in this episode, we're taking a different angle to my normal format, as I have the honor of interviewing an expert in the property industry.
00:00:57.920 --> 00:01:08.719
What have I told you that there's a way to earn from your home, meet amazing people, and bypass almost all the regulations imposed on traditional landlords?
00:01:09.040 --> 00:01:10.640
All completely legally.
00:01:11.200 --> 00:01:21.200
Well, Julie Ford has managed celebrity portfolios, advised homelessness charities, worked in housing law and mediated landlords' disputes.
00:01:21.439 --> 00:01:30.159
She's a certified compliance of property manager, qualified expert who trains landlords nationwide for the NRLA.
00:01:30.719 --> 00:01:38.480
And as founder of Lettings Advice Service and a trusted media voice, she's literally written the book on UK property rules.
00:01:38.719 --> 00:01:40.400
Julie, welcome to the show.
00:01:40.640 --> 00:01:40.959
Thank you.
00:01:41.359 --> 00:01:43.599
My first question to you is this.
00:01:43.920 --> 00:01:51.840
As a live-in Airbnb host, I've always believed the rules differ from those for guest houses or absentee-run service accommodation.
00:01:52.000 --> 00:01:52.560
Am I right?
00:01:52.799 --> 00:01:54.319
Yeah, absolutely, you are correct.
00:01:54.560 --> 00:01:54.719
Really?
00:01:55.120 --> 00:02:00.719
It's about differentiating between a live-in host and whether you are running a commercial business.
00:02:00.879 --> 00:02:05.280
So we look at things like VAT on the room rates, for example.
00:02:05.519 --> 00:02:12.000
VAT would take you into a commercial setting because obviously it's what most businesses charge and it's business deductible.
00:02:12.240 --> 00:02:22.400
Other things such as the occupants being able to have their rooms moved around at a minute's notice, that again gives the, you know, moves it away from the commercial element.
00:02:22.639 --> 00:02:29.039
But yeah, absolutely, as a living host, you certainly are somebody who takes it outside of the commercials, as well as not having staff.
00:02:29.199 --> 00:02:32.159
That is something else, because obviously, if you have staff, that's a business.
00:02:32.240 --> 00:02:33.599
So yeah, absolutely.
00:02:33.919 --> 00:02:38.960
So when you talk to people about living and hosting, what are the common misconceptions?
00:02:39.520 --> 00:02:44.000
I think the most common misconception is they believe that it comes with a lot of legislation.
00:02:44.240 --> 00:02:50.319
Because obviously the private rented sector does, it comes with 169 laws and 402 regulations.
00:02:50.560 --> 00:02:53.039
When you move into I know, and I know them all.
00:02:53.280 --> 00:03:07.680
And when you move into hosting or even taking lodges, and again there's a difference there between the two, you have to understand that the occupants don't have as much protection for their security of tenure and also when it comes to being evicted.
00:03:07.840 --> 00:03:12.400
They don't have protection from the Housing Act, they don't have protection from Eviction Act 1977.
00:03:12.560 --> 00:03:20.800
So they can pretty much be turfed out with just, you know, their time has come to an end, they've paid for three days, their three days is over, off you go, son.
00:03:20.960 --> 00:03:21.439
That's it.
00:03:21.599 --> 00:03:23.599
They they have nothing to sort of come back with.
00:03:24.080 --> 00:03:30.400
The only thing you're covered by realistically is consumer protection because they are your customer at the end of the day.
00:03:30.560 --> 00:03:39.120
But again, that's minimal because as long as you do your your role correctly and you are providing them with a good customer service, there's not really much they can come back for.
00:03:39.360 --> 00:03:40.000
Yeah.
00:03:40.319 --> 00:03:48.000
Now a question I'm often asked is: can I claim the tax-free allowances with the rent a room scheme if I do Airbnb?
00:03:48.319 --> 00:03:55.199
So, rent a room scheme is predominantly for lodgers because it's somebody who's going to use that dwelling as their main and principal home.
00:03:55.360 --> 00:03:56.639
That's the difference.
00:03:57.439 --> 00:03:58.000
Simple as that.
00:03:58.479 --> 00:03:59.439
Simple as that.
00:04:00.479 --> 00:04:01.759
Okay, good to know.
00:04:02.000 --> 00:04:05.280
Now the property industry is littered with rules and regulations.
00:04:05.439 --> 00:04:14.000
So what would be the first thing you would say to someone who's afraid of getting into trouble if they were to list a room or two on Airbnb in their own home?
00:04:14.560 --> 00:04:20.560
Um, I'm gonna say that there may be a possibility of getting in trouble as long as they have looked at everything first.
00:04:20.639 --> 00:04:22.720
So, first of all, do they own the property?
00:04:22.959 --> 00:04:23.759
That's the first thing.
00:04:23.839 --> 00:04:33.360
If you're renting yourself, then there may be restrictions in your own tenancy agreement that don't allow you to take a lodger or have a guest or rent it out in any way, shape, or form.
00:04:33.519 --> 00:04:36.560
But if it's your own property, then there shouldn't really be much of an issue.
00:04:36.639 --> 00:04:42.160
There's very unlikely to be any covenants that will you know prevent you from having guests.
00:04:42.319 --> 00:04:45.360
But there may be something that prevents you from having multiple guests.
00:04:45.439 --> 00:04:51.680
For example, if you're in a leased block of flats, there may be a restriction on the number, but there certainly won't be a blanket restriction.
00:04:52.079 --> 00:04:54.720
But if you're renting, yeah, there possibly might be.
00:04:54.879 --> 00:05:06.000
And again, if you are thinking of going moving back into your buy-to-let property, you'd need to change those mortgage terms because obviously it's not a residential mortgage, it's a buy-to-let mortgage.
00:05:06.160 --> 00:05:11.040
If you're living in there and starting to rent out the rooms, just speak to the lender, get those terms changed.
00:05:11.600 --> 00:05:21.040
With my home insurance, my my uh buildings insurance, I told them what I was doing and said, and some people booked with me directly, so please can I be insured for them?
00:05:21.199 --> 00:05:22.240
They said, Yep, sure.
00:05:22.480 --> 00:05:25.600
They said, uh we'll insure you for eight people on site.
00:05:25.759 --> 00:05:27.040
And I said, Can you make it ten?
00:05:27.279 --> 00:05:28.399
They said, Yeah, okay.
00:05:28.800 --> 00:05:29.279
Exactly.
00:05:29.519 --> 00:05:32.639
As long as you have conversations with these people, normally there isn't too much of an issue.
00:05:32.720 --> 00:05:36.480
It's when you don't tell them when they find out that's when they they tend to get a little bit stroppy.
00:05:36.800 --> 00:05:38.720
Yeah, makes total sense.
00:05:38.959 --> 00:05:42.000
Actually, Julie, can I jump in with a quick announcement?
00:05:42.319 --> 00:05:51.920
On Saturday, the 29th of November 2025, I'm opening the doors to my home here in Hatfield, Hertfordshire for an exclusive open day.
00:05:52.160 --> 00:05:54.959
Just five spots available, first come, first served.
00:05:55.120 --> 00:06:05.120
It's from 10 till 4, and I'll walk you through exactly how I run my live-in hosting setup, what works, what doesn't, and how you can start earning from your home too.
00:06:05.360 --> 00:06:15.519
There's a small commitment fee to attend, and if anyone would like to join me, then just follow the bit.ly link in the show notes below to register your interests.
00:06:15.680 --> 00:06:21.680
And just to reinforce the point, Julie, live-in hosting is not the same as running a commercial entity.
00:06:22.079 --> 00:06:22.399
Yeah.
00:06:22.639 --> 00:06:24.800
And also for you, you can stop at any time.
00:06:24.879 --> 00:06:31.680
If you decided tomorrow I'm not doing this anymore, but from a commercial entity, you probably would have contracts with people, things like that.
00:06:31.759 --> 00:06:35.519
So you'd have all of that element to think about, you know, how do I close this business down?
00:06:35.600 --> 00:06:37.600
So again, they're there they are different entities.
00:06:38.079 --> 00:06:44.560
So there's a distinction between the tenancy law, planning permission, unless you're in Wales.
00:06:45.120 --> 00:06:45.600
Oh, right.
00:06:45.920 --> 00:06:46.959
Unless you're in Wales.
00:06:47.040 --> 00:06:54.160
If you're in Wales, even if you are just renting out a room and class as a living host, it is actually comes under planning permission.
00:06:54.240 --> 00:06:57.360
I think it's class C6, but don't quote me on the class.
00:06:57.519 --> 00:06:59.680
But there is, yeah, in Wales it is slightly different.
00:06:59.839 --> 00:07:01.519
It will require planning permission.
00:07:02.560 --> 00:07:12.160
And can you walk us through a few of the main regulations that landlords and holiday owners face, which don't apply to a living host?
00:07:12.480 --> 00:07:17.680
Um I would say there's probably only one that applies to a living host, and that is the gas safety.
00:07:17.839 --> 00:07:27.920
So a landlord's annual gas safety is required whether you are a living host, whether you have someone who is coming to you as a lodger, whether you're in the private rented sector, whether it's social housing.
00:07:28.079 --> 00:07:30.319
Landlord's gas safety is law for everybody.
00:07:30.560 --> 00:07:33.199
That's probably the only one that that really applies.
00:07:33.360 --> 00:07:40.639
You don't need EPC, you don't need EICR, which is your electrical safety, you don't need to give them how-to-rent guides, you don't need to protect deposits.
00:07:40.879 --> 00:07:43.040
All of those things don't come into play.
00:07:43.199 --> 00:07:49.519
So really the only thing is the gas safety is the only thing that I would say that would go across the board.
00:07:49.839 --> 00:07:51.120
That's amazing.
00:07:51.680 --> 00:07:57.920
A quick break while I butt in on my own show, just to say if you're enjoying this, why keep it to yourself?
00:07:58.079 --> 00:08:02.079
Please do share this podcast with someone who needs a laugh and a bit of wisdom.
00:08:02.240 --> 00:08:07.519
Oh, and if you want to see the sorts of things I'm talking about, I'm all over TikTok, Instagram and YouTube.
00:08:07.680 --> 00:08:08.480
Come and say hi.
00:08:08.560 --> 00:08:10.160
Check out Superhost Neil.
00:08:10.319 --> 00:08:12.319
Right, that's enough shameless plugging.
00:08:12.399 --> 00:08:14.000
Back on to the episode.
00:08:15.120 --> 00:08:26.480
I was um at a meeting of uh just around the table, it's actually here in Hatfield, for an hour and a half, and the conversation was all about the problems of tenants.
00:08:26.639 --> 00:08:30.240
And at the end of it, I said, Have you got nothing positive to say about tenants?
00:08:30.720 --> 00:08:33.600
I said, I've got wonderful guests.
00:08:33.840 --> 00:08:35.120
And I love it.
00:08:35.200 --> 00:08:43.759
And all you've been doing, they all laughed and said, Well, yeah, of course, so so some of the tenants are quite nice, but uh but they were all running HMOs.
00:08:44.000 --> 00:08:44.879
Or most of them were.
00:08:45.360 --> 00:08:47.200
HMOs are a different mentality though.
00:08:47.519 --> 00:08:47.840
Very much so.
00:08:48.159 --> 00:08:48.960
So talk us through that.
00:08:49.120 --> 00:08:51.360
First of all, what is an HMO for anyone who's listening to the S.
00:08:51.519 --> 00:08:53.759
So an HMO is a house of multiple occupations.
00:08:53.919 --> 00:09:08.240
So that basically means the landlord doesn't live there, and you have, um, depending on where you are council-wise, it will be three or more unrelated people sharing, but to get a mandatory licensed HMO, it's five or more unrelated people.
00:09:08.399 --> 00:09:12.559
But different councils may want licenses for smaller HMOs.
00:09:12.799 --> 00:09:19.679
And basically the difference is everybody is renting a room in this shared house, but it's their main and principal home.
00:09:19.759 --> 00:09:21.679
It's it's where they live.
00:09:21.840 --> 00:09:29.279
They have exclusive possession of their room, which basically means the landlord cannot go in there regardless of whether there's earth, wind, and fire.
00:09:29.440 --> 00:09:30.399
They cannot go in.
00:09:30.480 --> 00:09:37.120
They have to have the tenants express permission to enter that room, but landlords can enter the communal areas in HMOs.
00:09:37.279 --> 00:09:42.799
Where some landlords fall down is they will give an assured shorthold tenancy, as we know, as an AST.
00:09:42.960 --> 00:09:46.559
They'll give it to all of the occupants as a joint tenancy.
00:09:46.720 --> 00:09:55.360
That basically removes their ability to go through the front door without the landlord's permission, which is why it's always important to do HMOs on room-only ASTs.
00:09:56.080 --> 00:09:57.360
That sounded very complicated.
00:09:57.519 --> 00:09:59.679
I'll stick to living hosting, I think.
00:10:01.200 --> 00:10:03.039
Because as uh section 21.
00:10:03.360 --> 00:10:03.519
Yes.
00:10:03.759 --> 00:10:08.320
Well that describe what that means and why I'm not subject to it.
00:10:08.799 --> 00:10:11.120
So section 21 is exactly what it says on the tin.
00:10:11.360 --> 00:10:14.240
It's section 21 of the Housing Act 1988.
00:10:14.399 --> 00:10:20.399
And that was brought in when Margaret Thatcher decided that the um housing system needs shaking up a bit.
00:10:20.559 --> 00:10:24.159
So prior to the Housing Act, we had what's called assured tenancies.
00:10:24.399 --> 00:10:32.000
So that provided quite a lot of security for tenants and made it quite difficult for landlords to get their properties back or evict if they needed to.
00:10:48.000 --> 00:10:53.039
So that has pretty much been used through history now for landlords evicting tenants.
00:10:53.279 --> 00:10:58.159
The reason why you are not subject to this is because you don't have tenants.
00:10:58.320 --> 00:11:02.240
And we go back to the whole what creates a tenant, what makes a tenant.
00:11:02.399 --> 00:11:09.600
So there's quite a lot of case law to this, but because your guys don't have exclusive possession, you can move them at a moment's notice.
00:11:09.759 --> 00:11:11.840
It's not their main and principal home.
00:11:12.080 --> 00:11:16.399
They don't have that exclusive element, they don't have the protection.
00:11:16.480 --> 00:11:21.679
So they're outside the Housing Act, and therefore they're outside the Protection from Eviction Act as well.
00:11:22.080 --> 00:11:23.039
I love it.
00:11:23.360 --> 00:11:24.320
Keep going.
00:11:25.200 --> 00:11:36.720
One question there is if a guest comes and we agree that they can stay for two months, and then at the end of the two months they say, Can I stay another two months?
00:11:36.960 --> 00:11:38.240
I mean, it's full time.
00:11:38.559 --> 00:11:40.080
When do they become a tenant?
00:11:40.159 --> 00:11:44.240
How do we define when the the scenario changes?
00:11:44.720 --> 00:11:44.960
Okay.
00:11:45.360 --> 00:11:47.840
It's a really good question, but quite easy to answer.
00:11:48.080 --> 00:11:51.759
At no point just because of their length of time do they become a tenant.
00:11:51.919 --> 00:11:56.000
So it's not the length of occupation, it's how they occupy.
00:11:56.320 --> 00:11:56.399
Right.
00:11:56.879 --> 00:11:58.000
So back to that.
00:11:58.159 --> 00:11:59.440
It is exactly back to that.
00:11:59.519 --> 00:12:01.360
So have you changed the setup?
00:12:01.600 --> 00:12:06.720
Are they now, you know, have they now got a lock on their room and you can't go in there without their permission?
00:12:06.879 --> 00:12:10.000
Have you given them that exclusive possession of their room?
00:12:10.159 --> 00:12:11.759
That would be a key element.
00:12:12.000 --> 00:12:13.679
Have they got somewhere else to live?
00:12:13.919 --> 00:12:17.919
Nine times out of ten, guests, even if they're staying for a long period of time.
00:12:18.080 --> 00:12:33.919
So, for example, if you had a guest that was staying because they were a contractor and they had a job down here building, I don't know, Universal Studios for the next two years, that wouldn't mean they were a tenant because they stayed with you for the next two years, because this isn't their main and principal home.
00:12:34.000 --> 00:12:35.919
And those are the key things we look at.
00:12:36.080 --> 00:12:40.000
So length of occupation doesn't create a tenancy on its own.
00:12:40.320 --> 00:12:40.639
Ah.
00:12:41.360 --> 00:12:43.919
I I always thought that there was a there was a time limit.
00:12:44.080 --> 00:12:46.879
So that that's no, a lot of people think it's six months.
00:12:47.120 --> 00:12:47.360
Yes.
00:12:47.519 --> 00:12:48.639
Um That's what I've heard.
00:12:48.960 --> 00:12:55.360
I have read somewhere where people think if it's if it's occupation for three months or more, they're automatically a tenant.
00:12:55.600 --> 00:13:01.440
A lot of that confusion comes from the urban myths of the um tenancy itself.
00:13:01.519 --> 00:13:13.279
So an AST, an assured short hole tenancy that we spoke about before, can be as long as you want it to be, but a landlord can't issue the section 21 within the first four months.
00:13:13.519 --> 00:13:15.200
Section 21 is two months' notice.
00:13:15.360 --> 00:13:19.840
Ergo, you've created a six-month tenancy without even having to try.
00:13:20.000 --> 00:13:22.080
So I think the confusion comes from there.
00:13:22.159 --> 00:13:30.240
And the three months comes from a lot of landlord insurance policies will actually stipulate three months occupation as a tenancy.
00:13:30.559 --> 00:13:30.879
Right.
00:13:31.200 --> 00:13:33.039
So the that's where the confusion comes from.
00:13:33.120 --> 00:13:37.840
But in legislation itself, there there is no term that automatically creates a tenancy.
00:13:38.000 --> 00:13:39.279
Other things have to be part of it.
00:13:39.519 --> 00:13:50.720
I'm so glad I answered that question because I've heard from several people who I respect in the business give me the six-month or the th or the three-month a cut-off line.
00:13:50.879 --> 00:14:06.480
Um I've got a divorcee who's staying with me at the moment, and he's been with me on and off now for a year, but he's a teacher, so during the holidays he he he goes off and and if he comes back, he may be in a different room for for the first day before I'm moving back into his preferred room.
00:14:06.639 --> 00:14:06.879
Yeah.
00:14:07.120 --> 00:14:14.720
And uh so I I I've always been under the impression that's oh that that's good because he's broken the the six-month run.
00:14:14.799 --> 00:14:16.879
But there was case law on that as well.
00:14:17.039 --> 00:14:22.720
I think it was um Brill Out versus Landless, 1985, 1995, sorry.
00:14:22.960 --> 00:14:25.919
And that was exactly that, it was exactly that case.
00:14:26.159 --> 00:14:29.679
Somebody came to, it was actually an official guest house.
00:14:29.840 --> 00:14:31.840
They came to a guest house with their daughter.
00:14:32.000 --> 00:14:37.919
They stayed for two or three weeks at£100 a night, then they extended, then they extended, then they extended.
00:14:38.159 --> 00:14:43.759
They weren't paying, though, so the guest house said, Well, you've got to go, you're not paying the bill.
00:14:44.080 --> 00:14:48.320
The um occupant then went to the council, complained, I'm being evicted.
00:14:48.399 --> 00:15:07.039
The council intervened, and basically, when it went to court, then had to go to appeal, and at appeal, which is what stands, it was basically no, he he was nothing more really than a bear licensee, so he didn't really have a lot of protection because of all of the other elements that didn't create a tenancy for him.
00:15:07.120 --> 00:15:09.279
So, yeah, there's case law on that as well.
00:15:09.600 --> 00:15:11.759
I'm feeling better as the conversation goes on.
00:15:12.000 --> 00:15:17.360
You're actually confirming so many things that I've had up till now just assumed.
00:15:18.000 --> 00:15:32.799
Judy, let's take a break now and carry on the conversation next week when we can talk about the dangers of using AI in our research, where to look to find out what local restrictions there might be in your area, and touch on the subject of planning permission.
00:15:32.960 --> 00:15:35.360
In the meantime, where can we find you?
00:15:35.759 --> 00:15:38.639
So listeners can find me pretty much anywhere.
00:15:38.799 --> 00:15:40.720
I'm kind of everywhere, to be honest with you.
00:15:40.879 --> 00:15:47.759
Um, you can find me on all the social media platforms, um, it's Julie Ford TV, um, and on LinkedIn it's just my name, Julie Ford.
00:15:47.919 --> 00:15:53.840
But if you want to get in touch with me or you want to use my services, then it is the lettingsadvice service.co.uk.
00:15:54.320 --> 00:15:55.120
It's straightforward.
00:15:55.200 --> 00:16:01.519
So anyone can send you a message on LinkedIn, send you an email to that email address.
00:16:01.679 --> 00:16:01.759
Yeah.
00:16:02.000 --> 00:16:04.480
And your website, I guess, outlines exactly what you do.
00:16:04.799 --> 00:16:06.480
Yeah, and there's a contact form on there as well.
00:16:06.559 --> 00:16:09.600
So if anyone wants to get in touch, they can use the contact form on the website as well.
00:16:09.840 --> 00:16:10.159
Yeah.
00:16:10.399 --> 00:16:11.120
Amazing.
00:16:11.360 --> 00:16:14.240
Thank you very, very much for being my guest.
00:16:14.480 --> 00:16:15.759
I've thoroughly enjoyed it.
00:16:16.000 --> 00:16:19.519
I thoroughly enjoyed it partly because you confirmed everything that I have sort of hoped.
00:16:21.759 --> 00:16:26.799
Basically, I have anticipated that this is how it works, and you've just confirmed it.
00:16:27.120 --> 00:16:34.480
Well, this podcast is actually an edit of the original interview, which you can see on my YouTube channel, SuperhostNeil.
00:16:34.799 --> 00:16:43.360
And my superhost secret for this episode is this always take advice from someone who knows what they are talking about.
00:16:43.759 --> 00:16:47.279
I was once told, don't ask the butcher how to make candles.
00:16:47.440 --> 00:16:48.799
He's not a candle maker.
00:16:49.120 --> 00:16:51.039
Sure, he'll have an opinion.
00:16:51.279 --> 00:16:56.639
But if you want to make candles, seek advice from someone who's actually doing that work successfully.
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And to reinforce just that point, here's my limerick on just that subject.
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A chap wouldn't pay for advice.
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Although experts seem pricey, think twice, as the blunders he made left him deeply dismayed.
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He now pays much more than their price.
00:17:15.759 --> 00:17:17.359
Well, that's it for today.
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If you know anyone who might be thinking about earning some money through hosting, please do share this podcast series with them.
00:17:23.119 --> 00:17:34.000
Alternatively, I'm actually currently offering the opportunity to come and spend a day with me at my property in Hertfordshire in the UK to see what I do and how it works.
00:17:34.240 --> 00:17:39.920
There's a bit.ly link in the show notes to register your interest if you'd like to apply.
00:17:40.400 --> 00:17:41.680
Follow me on Instagram, etc.
00:17:41.839 --> 00:17:45.039
at Super HoseNeil for more tips, tricks, and a bit of laughter.
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And until next time, may your rooms be booked, your reviews five star, and your decisions all based on sound advice.
