Letting to lodger: what Agreement form/wording?

[twosheds]

my lodger won't move out

had a lodger in my house (no agreement) I told get out, can i change the locks tommorrow morning!

[Poppy]

Few questions first.

1. Do they pay rent monthly or weekly?
2. When did you tell the lodger to leave?
3. What is the reason for wanting them to leave?

The members will come up with a balanced response when you answer.

[twosheds]

Do they pay rent monthly or weekly? w
When did you tell the lodger to leave? 1 month
What is the reason for wanting them to leave? want them out of my house

[Poppy]

If I've understood you correctly, this lodger has known for a whole month that you want them to leave. In that case, I see no reason why you should not deny them access from "tomorrow morning" and change the locks. Make sure you give them their belongings.

Next time, if you want a future weekly rent lodger to leave and you have no particular notice agreement, I think it is reasonable to give that person a week's notice.

[Preston]

had a lodger in my house (no agreement) I told get out, can i change the locks tommorrow morning!

Hi

The most important question is whether the individual has a tenancy or a licence.

All of the following advice assumes that you share some living accommodation with the occupant, e.g. a living room, kitchen or bathroom. If you do not, please say because this will substantially affect their legal status.

They will almost certainly have a tenancy if:

a) they have exclusive possession of part of the premises e.g. a bedroom, perhaps with a lock on it, which they have control over and which you are not allowed to enter without their permission
b) they pay rent and
c) their is a period to their occupancy e.g. they pay rent weekly or monthly and
d) you do not provide any additional special services such as cleaning or cooking and
e) there was an intention to create legal relations between you.

From what you have said, my guess is that b, c and e above apply; you will need to give more information about a and d to be sure on these.

If the individual is a tenant then you must give notice to them and this must be at least four weeks, ending on the last day of a period of the tenancy. This need not be in writing, but it is a good idea to give it in writing.

If they are a licencee, then you need only give reasonable notice. Unfortunately, there is no clear definition of what would constitute a reasonable period. However, if this is their home and unless you have a very compelling to get them out immediately, my guess is that notice to leave by tomorrow morning would not be considered reasonable by a court.

So, be very careful and maybe seek more advice if you are unsure.

Preston

[foxuk]

Give notice to Lodger.

Hi there, I'm a residential flat tenant and I have formal agreement with my 2 lodgers as a resident landlord. I decided to give a notice to one in writing. The case is she was in holiday and went back to London on 4th/Jan but I could spoke and give to her the notice on 7th/Jan because I've waited politely her birthday on 6th/Jan. I've dated the notice letter 2nd/Jan and she signed. Now she asking me to by email to confirm to her that I gave her the notice on 7 and not on 2nd as the letter is dated. The problem is she pay the rent every 1st day of the month, and her rent is valid till 31st Jan, than I feel that she want those 30 days in full as the letter says ending on 6th Feb, what I need to do? Is she right? I need wait for 6 Feb and lose 1 week or she needs to pay that week? can I discount from her deposit? Thanks for your advice.

[Preston]

Hi
If the individual is a tenant then you must give notice to them and this must be at least four weeks, ending on the last day of a period of the tenancy. This need not be in writing, but it is a good idea to give it in writing.

Hi, sorry, just realised that your tenant pays rent monthly, so I should have said the minimum notice period is one month not four weeks, unless you both had previously agreed a shorter period of notice.

Preston

[Preston]

Hi

I'm not completely clear on the circumstances, so there are a few things to get clear:

a) do you share any living accommodation with the lodgers, such as lounge, kitchen, bathroom? It sounds like you do.

b) does the lodger have a tenancy? What does your formal agreements say - is it called a tenancy agreement? A tenancy will normally be implied by the law where:

• the occupant has exclusive possession of part of the premises e.g. a bedroom, perhaps with a lock on it, which they have control over and which you are not allowed to enter without their permission
• they pay rent and
• there is a period to their occupancy e.g. they pay rent weekly or monthly and
• the landlord does not provide any additional special services such as cleaning or cooking and

If they are not a tenant, they will be a licensee.

c) what does your formal agreement say about the period of notice which you must give?

To give you an example, if you do share accommodation and the person is a tenant, then they are called an excluded tenant. The notice they are entitled to is at least one period of the tenancy (whch is probably a month as you have said that rent is payable monthly) or a shorter period if you have both agreed to this in your original formal agreement.

If they are a licensee, the notice you must give is the longer of whatever is in the formal agreement or what is "reasonable". Unfortunately, the term reasonable is not defined in this context, but I would guess that the 3 or 4 weeks that I think you are proposing would be sufficient in this case - but you might like to clarify exactly how much notice you are suggesting?

As an aside, you generally cannot backdate formal notices, unless i ndoing so you are confirming an agreement that has already been reached.

There is a very good leaflet on this subject, just google "Letting rooms in your home; a guide for resident landlords".

Hope this is helpful

Preston

[foxuk]

I am the tenant and she is my lodger. I have a lodger agreement with her and the notice period is 1 month notice.
The point is I gave her notice on 7th Jan. The rent was payed till 31st Jan, between 1 to 7 Feb she needs pay me the rent?

[Preston]

I am the tenant and she is my lodger. I have a lodger agreement with her and the notice period is 1 month notice.
The point is I gave her notice on 7th Jan. The rent was payed till 31st Jan, between 1 to 7 Feb she needs pay me the rent?

Well, if she is a tenant you need to give her notice of at least a month and it should end on a rent day or the day before i.e. 28th Feb or 1st March.

If she is a licensee and your agreement just says one month with no requirement to coincide with rent days then it can expire on 7th of month and yes she will be liable for the rnt up to that day.

Preston

[foxuk]

Thanks Preston, yes she is a licensee and I will explain to her that she is liable for the rent up to that day.

[PaulF]

This is rather overcomplicating the problem. This person is a lodger and therefore only entitled to whatever has been agreed between tenant and lodger. It doesn't even have to be in writing (although there is no submission by the OP that it was).

Remember lodgers have no rights under the Housing Acts or Landlord & Tenant Acts or security of occupation.

[Preston]

This is rather overcomplicating the problem. This person is a lodger and therefore only entitled to whatever has been agreed between tenant and lodger. It doesn't even have to be in writing (although there is no submission by the OP that it was).

Remember lodgers have no rights under the Housing Acts or Landlord & Tenant Acts or security of occupation.

Sorry, I dont understand what is rather over complicating the problem?

Preston

[PaulF]

I just thought that a simple reply to the OP along th lines of what I posted would have sufficed. Didn't mean to tread on your toes!

[Preston]

I just thought that a simple reply to the OP along th lines of what I posted would have sufficed. Didn't mean to tread on your toes!

Hi,

You certainly shouldn't - and I'm sure you don't - worry about treading on my toes!

I do think, though, that the answers given to resident landlord type questions often miss key points, namely that whether the person is a tenant or a licensee and whether they are excluded or non excluded (under the Protection from Eviction Act 1977) have a fundamental bearing on the occupier's legal rights. If this OP's "lodger" had been a tenant, for example, then the notice she has given would be invalid.

Preston