Letting to lodger: what Agreement form/wording?

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  • Moderator1
    replied
    Several largely similar questions on separate threads have been merged into this thread (hence the repetitive nature of answers).

    Leave a comment:


  • westminster
    replied
    Here's a couple of suggestions:
    http://www.lodgerlandlord.co.uk/shop/
    (and I recommend you read the tips and advice on the website).

    http://whs.lawpack.co.uk/LandlordAnd...product711.asp

    Leave a comment:


  • topanga
    replied
    Agreement for Excluded Occupiers

    Hi there,

    I was wondering whether anyone had an agreement for a resident landlord to use for excluded occupiers? Are there any standard agreements in existence?

    Thanks!

    Leave a comment:


  • westminster
    replied
    Originally posted by LawN View Post
    Thanks for the prompt response if the landlord choses to return the money at such a ridiculously low figure than it will take a matter of years to get the full sum back and we would quite like to get rid of this man. Is it legal for him to dictate the terms of how the deposit is returned?
    No, LL is not entitled to dictate the terms of repayment.

    However, if you obtain a CCJ against the LL, and the LL offers to pay in installments, even very small installments may be considered reasonable - see post #10 of this thread:
    http://www.landlordzone.co.uk/forums...480#post271480

    As the court expects people to try to resolve matters before bringing a claim, I would do the following: Write a letter (no more calls/texts) to the LL asking him to put his offer to pay in installments in writing, and to include the amount, payment dates etc. Keep copy letter and obtain proof of posting.

    Scenario A: If the LL replies in writing with an offer and the offer is acceptable, write a letter accepting it. Then wait to see whether the first payment arrives. If it doesn't, write again chasing the payment and warning that if it is not received within X days, you will bring a county court claim (keep copy etc).

    Scenario B: If the LL's offer is unreasonable (e.g. £1 a month for 20 years), respond with a counter offer such as that he pays £10 a month for 2 years (in writing, keep copy etc). If he fails to respond or won't change his offer, write a letter before action saying his offer is unreasonable/he has not responded, demanding the full amount by a deadline, and saying that you'll bring a county court claim if payment not received.

    Scenario C: No reply from LL. Write again noting his failure to reply to your letter of [date], and giving a deadline to pay the full amount, otherwise you'll bring a county court claim.

    Basically, you need to give LL the opportunity to resolve the matter before taking legal action AND create a paper trail of having done so - the above examples are just to indicate how things might go. I agree it's possible that the installment offer was a purely delaying tactic - but you still have to go through the motions before starting a claim.

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  • LawN
    replied
    Thanks for the prompt response if the landlord choses to return the money at such a ridiculously low figure than it will take a matter of years to get the full sum back and we would quite like to get rid of this man. Is it legal for him to dictate the terms of how the deposit is returned?

    Leave a comment:


  • Snorkerz
    replied
    There is no 'protection' per se, you can certainly pursue this through the samll claims court - the money is the occupiers property until the landlord can prove he is entitled to take a deduction from it.

    However, getting a court date will take months, cost money (not a HUGE amount) and the judge may just make an order for him to pay it back at £20 a month or whatever.

    If LL starts to pay back, and continues o do so, the most practical answer is to let it ride. If the money doesn't turn up, then use www.moneyclaim.gov.uk after sending him a 'letter before action'.

    Leave a comment:


  • LawN
    replied
    Excluded Occupier Agreement

    I would really appreciate if someone can advise me on a situation. A family member recently left a property under which they rented a room with a live in landlord under a Excluded Occupier Agreement. Everything regarding inventory and condition of the room was left in a fit and good state in agreement with the live in landlord and with agreement that the deposit that was paid on the room would be returned promptly. The landlord has now got in contact with our family member stating that he does not have the money to pay back the deposit and has stated that he will now pay back the deposit in installments over a matter of months without stating the amount or the time scale that he will do so and fails to return calls, texts to requesting him to state his intention.

    I am trying to find out what protection there is on a deposit on an excluded occupier contract and whether he is in his right to dictate terms of how the deposit is refunded. I generally believe this is a diversionary tactic and his intention is not to refund any of the deposit and whether the deposit is able to be pursued through the small claims court or what legal framework can be applied in this case.

    I really appreciate the time and effort anyone takes to offer advise on this subject.

    Leave a comment:


  • theartfullodger
    replied
    As Jeffrey says...

    more stuff on lodgers...

    http://england.shelter.org.uk/get_ad...etting/lodgers

    &

    http://england.shelter.org.uk/get_ad...ing_out_a_room

    PS This all assume your landlord lives in the same property: If they don't you ain't a lodger but a tenant, with more rights...

    Cheers!

    Artful

    Leave a comment:


  • jeffrey
    replied
    Originally posted by beth View Post
    thanks, but would I be able to move out if I wanted to, the contract says the landlord can end it when they want but not me so I'm wondering if I could use this against them
    As lodgers have no statutory rights, the only rights are contractual. Whatever the Letting Agreement says is what applies- literally.

    Leave a comment:


  • beth
    replied
    Originally posted by theartfullodger View Post
    Suspect as I do that all of the above posts are spam... but then, I could be wrong....

    Cheers!

    Artful

    Jayne - no spam please, if you want to advertise contact site owner...
    thanks, but would I be able to move out if I wanted to, the contract says the landlord can end it when they want but not me so I'm wondering if I could use this against them

    Leave a comment:


  • theartfullodger
    replied
    Suspect as I do that all of the above posts are spam... but then, I could be wrong....

    Beth, if you want to know your rights start here...
    http://england.shelter.org.uk/get_ad...etting/lodgers

    Cheers!

    Artful

    Jayne - no spam please, if you want to advertise contact site owner...

    Leave a comment:


  • jaynemoore
    replied
    hello.

    Its a very tricky world out there! I used this website to get some good advice, it also has some tenancy agreements on there so you can compare (go compare!)

    www . lettingexpert . com

    hope this gives you some help!

    Jayne

    Leave a comment:


  • beth
    replied
    ps it's because I heard lodgers have few rights and the law around them isn't so tight so I'm wondering if I could leave anytime even if I don't find a replacement

    Leave a comment:


  • beth
    replied
    Lodger agreement

    Hi, I'm currently renting a room as a lodger and signed a agreement with my landlord which states it is a 12 month contract and says they can terminate the agreement any time they want but didn't state whether I could, though they said if I found a replacement I could leave any time, but it seems a bit one sided that they could end the agreement when they want but I can't so could I possibly end it when i want? thanks

    Leave a comment:


  • Rachel C
    replied
    Lawcruncher, thank you for your reply.

    The only further mention of the TERM is in the contracts Terms and Conditions:

    'So long as the reference to a right of early termination in the definition of ‘the TERM’ overleaf (the ‘early termination right’) has not been deleted then either party may at any time during the Term terminate this Agreement by giving to the other prior written notice to that effect, the length of such notice to be that stated in the early termination right, and upon the expiry of said notice this Agreement shall end with no further liability for either party save for any existing breach.'

    The reference it relates to is:

    'This form of Agreement does not require either party to give any form of notice to the other at the end of the fixed Term, but if either party
    wishes to end this Agreement early, as referred to in the definition of the TERM near the middle of this Agreement, then a Notice to Terminate
    may be used.'

    The one other reference is

    '9.3 the ‘Term’ shall mean the period stated in the particulars overleaf or any shorter or longer period in the event of an earlier termination or an extension or holding over respectively.'

    "Notice to Terminate" is not defined anywhere in the agreement.

    Leave a comment:

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