Letting to lodger: what Agreement form/wording?

[Beeber]

When a tenant is on a periodic tenancy agreement (which it automatically becomes when a fixed term AST expires and a new one not issued), the landlord is required to give the tenant 2 months notice timed with when rent is due. Perhaps this is the origin of the misunderstanding your lodger has where she believes she is due 2 months notice from you.

Point her in the direction of the Shelter website to explain her rights (or lack of them) as she is an excluded occupier and you only need to give her reasonable notice which can be verbal and that you can change the locks if she stays past that date.

http://england.shelter.org.uk/advice/advice-3132.cfm
http://england.shelter.org.uk/advice/advice-2938.cfm

This site also contains good info on lodgers

http://www.landlordzone.co.uk/lodgers_rent-a-room.htm
http://www.landlordzone.co.uk/lodger..._&_answers.htm

I say just concentrate on getting her out.

[missdistressed]

Wow... thanks, i had no idea that lodgers had so few rights...

I will definitely send her the link and at least she will know she isnt right -
after that i guess it depends what reasonable means... and work out how to make sure she pays me (i have no bond) cos i do need the money.

Thanks again for your help

[johnboy]

I beleive a AST would be invalid if the landlord was living in the same property.

[johnboy]

Unless you had a writen agreement i think you could just put her stuff on the street and change the locks.

Lodgers have very very few rights

[Surrey]

However, some of the terms in an AST are more generous than a regular tenancy in an AST and you might find you have made an agreement that, even though it's not an AST, has given the lodger more rights than you might like.

[missdistressed]

Its tempting but I still want to be as fair as possible...

Do you think giving her another 2 weeks (thats 6 in total since asking her to leave) is reasonable? (Also, that is when she will have paid up till when I eventually get the money she owes me).

[Bel]

2 weeks extra would be very fair; and she should appreciate you meeting her halfway.

If she gets the hump and gets sassy with you, you can change the locks immediately. Don't take any nonsense. Make it known you are doing her a huge favour.

Good luck.

[Bel]

This question has been asked before, but surprise surprise I cant find it any more on the forum.

Paul F said if an AST has been given to a lodger the whole thing should be torn up into pieces as it is rubbish.

Jeffrey said that although it actually wasn't an AST, the terms of the contract such a fixed term, notice and rent could be binding as a contract. The LL and lodger agreed to them, so they should stick by them. But it ain't an AST.


NEVER EVER USE AN AST FOR A LODGER because you give more rights of notice than you need to. Ideally, a lodger agreement should be by the week or month, with no fixed term in case they turn out to be very annoying.

[johnboy]

Get a friend or locksmith lined up ready to change locks if needed at short notice. Also you could inform the lodger in the letter if she isnt out at the end of 2 weeks her belongings will be bagged up put outside and the locks changed. (put as nicely as poss of course)

[Surrey]

DON'T bother with a locksmith, it's dead easy to do yourself, honest!

[caroline7758]

I wasactually asking this question on behalf of a tenant (lodger) rather than a landlord! It turns out thelandlord has actually used a license contract in the end, but useful answers anyway.Thanks.

[missdistressed]

I told her about the 8-week thing being wrong - and her friend has agreed to let her move in to her place in 2 weeks from now - so it hasnt been too horrible.

Also, she assures me she will pay me...

THANKS for all the advice. Much appreciated and really helpful!!

Though I am still convinced its better to be skint than to have a lodger every again!!!

[infoseeker]

taking in a Lodger

Hi,

I may be about to take-in a lodger at my premises.

I will ask them to to sign a lodgers agreement, which includes terms & conditions supplied by lawpack. I will also add some additional provisions, which I have found on the net.

My question is this. If a lodger is still outstanding on payment of rent (for more than the period given in the agreement) are you allowed to enter his/her room to terminate the agreement?

I ask this because this was one of the provisions given in the additional terms that I found. I know, for a tenancy agreement, you cannot enter and force a tenant to leave the premises but am not sure whether this applies to lodgers (under a license agreement) where they do not have exclusive possession?

Any advice will be greatfully received.

Cheers, G

[Bel]

Hi,

I may be about to take-in a lodger at my premises.

I will ask them to to sign a lodgers agreement, which includes terms & conditions supplied by lawpack. I will also add some additional provisions, which I have found on the net.

My question is this. If a lodger is still outstanding on payment of rent (for more than the period given in the agreement) are you allowed to enter his/her room to terminate the agreement?

I ask this because this was one of the provisions given in the additional terms that I found. I know, for a tenancy agreement, you cannot enter and force a tenant to leave the premises but am not sure whether this applies to lodgers (under a license agreement) where they do not have exclusive possession?

Any advice will be greatfully received.

Cheers, G

In your agreement, you should make it clear in advance what happens if rent is not paid. You could take a buffer of a week/months rent so that if they don't pay, you will always have a week in hand with the agreement being they are out at the end of that week. Then it will not be a shock to them when the time comes.

You never really want to get heavy with a lodger; just tell them you are terminating the agreement by x date, and if they don't clear out, simply change the locks when they are out.

You must always give "reasonable notice" to terminate. If the lodger become threatening and you do not feel safe, you have the right to terminate immediately.

You should be entitled to enter the lodgers room at anytime in the right circumstances, although you would not want to do this unless you have a good reason to do so, eg to clean it, to ventilate, inspect for maiantenance purposes, to ask them if they want a cup of tea etc, as a lodger does not have exclusive possession of anywhere in your home. If I were to take in a lodger, I would make sure they understand that they cannot shut you completely out, but at the same time you must respect their privacy. Common sense.

UPDATE: you say premesis. You can only have a lodger in your own home, otherwise it is a tenancy and the tenant is protected from eviction. So you would need a court order to evict.

[TaxationPete]

Are you doing this under the Rent a Room Scheme. ?
http://www.hmrc.gov.uk/helpsheets/ir223.pdf
Regards Peter