Letting to lodger: what Agreement form/wording?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Letting to lodger: what Agreement form/wording?

    Hello there,

    I am new here, I am hoping someone could have some good advice for me?

    As the owner/occupier of my property, I rent out a room to a lodger. This lodger has signed a contract, (produced by this website actually) and the rent is due on 1st of every month, and a set sum is also due to cover all bills inc. council tax, TV licence etc, on the same day.

    I have a deposit from this person which is the same amount as one month's rent, but not including bills. They have refused to pay the rent, saying I can keep the deposit, won't give the keys back, and refuse to pay the bills, saying they won't be there. They have given me a piece of paper they want me to sign which I obviously haven't, giving 4 weeks' notice from the 31st Jan. It also states this person will move out with immediate effect and give the keys to the property. Contradictory. The notice required in the contract from her is four weeks.

    What are my rights/what should I do re: rent owed, bills money, keys, deposit etc and should I tell the council that they have moved out?

    I am sorry to be so unknowledgeable, I had naively assumed the contract and deposit would cover me for all eventualities. I will be seeing the CAB tomorrow but hoped someone here could help?

    Many thanks

    #2
    I'm not sure but I think as a lodger he doesn't have to give notice to leave at any time he wants.
    Not sure if an agreement makes a difference.

    No doubt an expert will correct me if I'm wrong.

    Comment


      #3
      Jennifer is perfectly correct. This person is a lodger and as such has no security of occupation. There is no period of notice required but if you have drawn up an agreement then common law rules apply as to what you have "agreed".
      The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

      Comment


        #4
        Letting to lodger: what Agreement form/wording?

        Between a lodger and a house share?

        Comment


          #5
          In a house share people live on equal terms as co-tenants. A lodger is not a tenant but is given the use of part of a property belonging to (or leased by) a resident landlord.
          Disclaimer: What I say is either right or wrong. It may be advisable to check what I say with a solicitor. If he says I am right then I am right, unless he is wrong in which case I am wrong; but if he says I am wrong then I am wrong, unless he is wrong in which case I am right

          Comment


            #6
            Letting to lodger: what Agreement form/wording?

            I'm staying in my parents' flat, and taking on a short term lodger for a period of 8 weeks.

            What is the best way to draw up the contract protecting my parents' rights? Should it be between myself and the lodger, or my parents and the lodger? If it's between my parents and the lodger, am I authorised to sign on their behalf?

            To complicate things further, I don't have any formal tenancy agreement with my parents, and I could or could not be deemed a 'tenant' as I have sent them various amounts of money over the past few weeks.

            I've searched for a while on the net and can't find any samples of a short term lodger's tenancy agreement, can anyone please point me to a sample or email one to me if you have one? I just want something stating the terms of the lease (payment), and deposit for breakages etc...

            rgds

            - andrew

            Comment


              #7
              search

              Go to the landlordzone home page and search - the answer is there
              Whilst I hope you find the contents of this posting interesting and informative, the contents are without prejudice or liability and are for general information purposes only

              Comment


                #8
                The answer is you don't need any written agreement as a lodger has no status. It's nothing to do with landlord & tenant law and any lodger has no statutory right of occupation, so you can ask them to leave when you want without giving any notice. You might want to make clear your expectaitons of the lodger's financial committment but you need nothing more. Read up on rent-a-room relief which you will find on the HMRC website, as you don't have to declare the income under a certain (generous) amount.
                The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

                Comment


                  #9
                  Agreement with excluded T/occupier/lodger

                  Does anyone have a copy of an excluded tenancy agreement for me to look at? Thanks in advance.

                  Comment


                    #10
                    Resident landlord - how much notice to lodger is required?

                    Hello

                    I have a lodger renting a room, I am wondering how long is the minimum notice i should give him?

                    Comment


                      #11
                      Originally posted by VIPER View Post
                      Hello

                      I have a lodger renting a room, I am wondering how long is the minimum notice i should give him?
                      No minimum (or maximum) length is prescribed by law- but the contract into which you and lodger entered binds both of you legally, so what was agreed? Is there a written Tenant Agreement, for instance?
                      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                      4. *- Contact info: click on my name (blue-highlight link).

                      Comment


                        #12
                        Tenants taking in a lodger to make up a rent shortfall

                        As LL I had 4 house sharers on a joint 6 month AST
                        One of them left after two months

                        Now with two months left on the AST, one of the remaining 3 has found a friend who would like to take on the room, but only for about 5 months.

                        The legalities of pasting her into the existing AST seem a bit complex - from what I have heard on earlier threads. Also the new person doesn't want the room long enough to start another AST with all four of them.

                        I haven't been demanding the shortfall in the rent so far from the remaining three because they can't afford it.

                        I would like

                        1. the remaining three to take her in as a lodger (with my permission).
                        2. her to ideally pay her rent directly to me, or possibly pay it to the other tenants who would then pass it on to me to make up the full rent they owe on the house.
                        3. the tenancy to continue as a periodic tenancy once the AST expires, with the lodger still in place.


                        My questions are
                        1. Can anyone see any problems in that arrangement ?
                        2. Is there anything I should do to protect myself particularly ? (for example do I need to explicitly state that her lodging cannot continue beyond the end of their tenancy)
                        3. What kind of agreement should she sign as a lodger - in particular how would any deposit she paid be handled ?

                        Your advice in this would be greatly appreciated.

                        Comment


                          #13
                          Originally posted by MDM View Post
                          As LL I had 4 house sharers on a joint 6 month AST
                          One of them left after two months

                          Now with two months left on the AST, one of the remaining 3 has found a friend who would like to take on the room, but only for about 5 months.

                          The legalities of pasting her into the existing AST seem a bit complex - from what I have heard on earlier threads. Also the new person doesn't want the room long enough to start another AST with all four of them.

                          I haven't been demanding the shortfall in the rent so far from the remaining three because they can't afford it.

                          I would like

                          1. the remaining three to take her in as a lodger (with my permission).
                          2. her to ideally pay her rent directly to me, or possibly pay it to the other tenants who would then pass it on to me to make up the full rent they owe on the house.
                          3. the tenancy to continue as a periodic tenancy once the AST expires, with the lodger still in place.


                          My questions are
                          1. Can anyone see any problems in that arrangement ?
                          2. Is there anything I should do to protect myself particularly ? (for example do I need to explicitly state that her lodging cannot continue beyond the end of their tenancy)
                          3. What kind of agreement should she sign as a lodger - in particular how would any deposit she paid be handled ?

                          Your advice in this would be greatly appreciated.
                          You might find it neater to do a "deed of assignment", which will put the new person on the tenancy agreement which would then continue with its original terms and duration.

                          I'm pretty sure there's a link somewhere on this site but can't find it right now, but in short what you are doing is swapping the old person who's left for the new person who's coming in. ALL interested parties need to sign it to say they agree (outgoing tenant, incoming tenant, remaining tenants and landlord), and then that document forms an addendum to the existing tenancy agreement. You'd have to agree how the deposit and inventory are handled before you go down that road, but a bit of a google for deed of assignment should be worthwhile, and I suspect will be a lot less messy than having a sub-tenant (as I've found out myself recently!)

                          Comment


                            #14
                            A simpler route may be to just issue a 5 month AST to the new tenant.

                            Comment


                              #15
                              If there is already a joint AST you cannot issue a single AST to a new person; because the original tenants hold all of the property and it is up to them who they live with.

                              You should not accept rent directly from the "lodger" in case this upgrades their status to tenant in the eyes of the law..and it may be harder to evict them later.

                              Either: Make the remaining tenants know that you hold them responsible for paying all the rent;and you allow them to take a lodger. They are responsible for any damage the lodger causes. When they give notice, they will be responsible for paying all the rent until they give you vacant possession; ie the lodger must be gone when they leave or they pay all the rent. It is easy for them to evict their own lodger before they leave, but it is very hard for you to evict if the lodger stays.

                              OR; do a deed of assignment, with the original tenants permission, so the lodger becomes a jointly responsible tenant and liable to jointly and severally pay all the rent.
                              All posts in good faith, but do not rely on them

                              * * * * * ** * * * * * * * * * * * *

                              You can search the forums here:

                              Comment

                              Latest Activity

                              Collapse

                              • Reply to Single parent renting
                                by jpkeates
                                Why?

                                This is someone we don't know.

                                Their ability to pay their rent is partially in the control of a government department notorious for sanctioning tenants by suspending payment of benefits.

                                Given their situation, if there is any shortage of funds they would (quite...
                                20-05-2022, 08:04 AM
                              • Single parent renting
                                by Dct
                                A friend of mine who is a single parent with three children is trying to find a house to rent. She has three children and recieves UC mainly to help with childcare costs, but despite viewing several houses and showing interest and showing she is more than able to pay rent, she has been turned down and...
                                18-05-2022, 16:32 PM
                              • Reply to Section 21 During Contract Period
                                by jpkeates
                                The fixed term should end on 8th June.

                                Technically after that your notice depends on the wording of the contract.
                                If the tenancy continues after an initial term, it's whatever the agreement says.
                                If it's an initial fixed term that ends, your notice is a minimum of a month ending...
                                20-05-2022, 07:55 AM
                              • Section 21 During Contract Period
                                by matt001
                                Hello,

                                On 09.12.2021 I moved in to a flat and signed 6 months contract.
                                Then on 08.04.2022 I have been served section 21 notice by the letter trough the mailbox...

                                I have started reading about this and found in the web that agency cannot issue section 21 notice until...
                                18-05-2022, 13:31 PM
                              • Reply to Is my estate agent misleading me?
                                by jpkeates
                                But that is the position.
                                It is a convenient (and common practice), but it's the tenant's money until they agree to its use.

                                It's possible for the tenant to agree what it's to be used for in a tenancy agreement, but, even so, they'd have to agree separately to things that are not...
                                20-05-2022, 07:51 AM
                              • Is my estate agent misleading me?
                                by abimsalabim
                                I am a Landlord and I have a company tenancy which has now come to an end. I did a check-in inventory before the tenant moved in and I have done a check-out inventory now that they have moved out, and there are damages to my property by the tenant. The deposit is being held by the agent and is not in...
                                18-05-2022, 14:15 PM
                              • Reply to Buying a tenanted residential property
                                by Dreamingofsea
                                Lesley Park - I really hope you are right and the OP s solicitor won t allow him to exchange and complete (because of his mortgage conditions) and thus “save himself from himself” because I could not concur more with everyone here 100% he should not buy this property. There are negligent and crooked...
                                19-05-2022, 22:42 PM
                              • Buying a tenanted residential property
                                by itsthomas
                                We are buying a residential property to live in
                                Now that everything is ready for exchange we are told that the tenant has decided not to move out.
                                The tenancy agreement is already expired two months ago and she has stopped paying rent since.

                                Now we would like to know what happens...
                                12-05-2022, 19:37 PM
                              • Reply to Is my estate agent misleading me?
                                by Lawcruncher
                                If the tenancy agreement says that the deposit should be held by the landlord then it is the landlord who should be holding it irrespective (surely?) of what the management agreement says. Whoever in fact holds it holds on the terms set out in the tenancy agreement.

                                If the agent insists...
                                19-05-2022, 21:34 PM
                              • Reply to Section 21 During Contract Period
                                by mokka
                                Why would the tenant get a CCJ unless they owe rent which the OP does not? Won’t be court fees either as the OP wouldn’t bother fighting it.
                                19-05-2022, 21:24 PM
                              Working...
                              X