Is this following contract legal in English law for renting a room?

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

    Is this following contract legal in English law for renting a room?

    When my tenant moved in i did not have a contract to hand and so downloaded the following template which i filled out and gave it to the tenant. It seems to be a Form F204 (which I think is America)
    The tenant has gone bad and killing the electric by leaving everything powered on when they go to work and even bed (Never do bill included!!!)

    Please can someone help advise me in regards getting them out, crucially if the following stands or whether I have to wait till the end of six months?
    EARLY Either party may at any time end this License earlier than the end of the Period
    TERMINATION by giving to the other written notice of ............................. weeks/months*




    ------------------------------------------------------------------------------

    HOUSE/FLAT SHARE AGREEMENT
    (A License for Shared Occupation of a Furnished House or Flat - Non-Resident Owner)
    The PROPERTY .................................................. .................................................. ....................................
    .................................................. .................................................. ....................................
    The OWNER .................................................. .................................................. ....................................
    of .................................................. .................................................. ....................................
    The SHARER .................................................. .................................................. ....................................
    .................................................. .................................................. ....................................
    The PERIOD ............................... weeks/months beginning on .................................................. .......
    EARLY Either party may at any time end this License earlier than the end of the Period
    TERMINATION by giving to the other written notice of ............................. weeks/months*
    The PAYMENT ............ per week/month* payable in advance on the................ each week/month*
    The DEPOSIT £...........................
    The INVENTORY means the list of the Owner’s possessions at the Property which has been signed by
    the Owner and the Sharer
    DATED .....................................
    SIGNED ............................................ .................................................. .....
    ............................................ .................................................. .....
    (The Owner) (The Sharer)
    THIS HOUSE/FLAT SHARE LICENSE comprises the particulars detailed above and the terms and
    conditions printed/overleaf whereby the Property is licensed by the Owner and taken by the Sharer
    for occupation with up to .......................other sharers during the Period upon making the Payment.
    IMPORTANT NOTICE:
    (1)This form of License does not require either party to give any form of notice to the other at the end
    of the fixed Period but if either party wishes to end this License early as referred to in the definition of
    ‘The PERIOD’ near the middle of this License then the Notice to Terminate may be used.
    *(2) The law requires that the written notice should not be less than four weeks in the case of notices
    given by Non-Resident Owner (for whom this License is intended).
    Should the lease be broken without the landlords consent unless 28 days
    notice is given your bond is non-returnable
    F204
    (delete if not required) (min 4 weeks) (delete as appropriate) [ ]
    Terms & Conditions
    1. The Sharer will:
    1.1 be allowed to share with the other occupiers of the Property the use and facilities of the Property (include such bathroom, toilet,
    kitchen and sitting room facilities as may be at the Property).
    1.2 pay the Payment at the times and in the manner aforesaid without any deduction or abatement of setoff whatsoever.
    1.3 make a proportionate contribution to the cost of all charges in respect of any electric, gas, water and telephonic or televisual services
    used at or supplied to the Property and Council Tax or any similar tax that might be charged in addition to or replacement of it during the
    Period.
    1.4 keep the interior of the Property in a good clean and tenantable state and condition and not damage or injure the Property or any part
    of it and if at the end of the Period any item on the Inventory requires repair, replacing, cleaning or laundering the Sharer will pay for the
    same (reasonable wear and tear and damage by an insured risk excepted).
    1.5 maintain at the Property and keep in a good and clean condition all of the items listed in the Inventory.
    1.6 not make any alteration or addition to the Property nor without the Owner’s prior written consent to do any redecoration or painting of
    the Property.
    1.7 not to do or omit to do anything on or at the Property which may be or become a nuisance or annoyance to the Owner or any other
    occupiers of the Property or owners or occupiers of adjoining or nearby premises or which may in any way prejudice the insurance of the
    Property or cause an increase in the premium payable therefor.
    1.8 not without the Owner’s prior consent allow to keep any pet or any kind of animal at the property.
    1.9 not use or occupy the Property in any way whatsoever other than as a private residence.
    1.10 cook at the Property only in the kitchen.
    1.11 not part with or share possession or occupation of the Property or any part thereof.
    1.12 pay interest at the rate of 4% above the base lending rate for the time being of the Owner’s bankers upon any payment or other
    money due from the Sharer under this Licence which is more than three days in arrears in respect of the period from when it became due
    down to the date of payment.
    2 In the event of the Payment being unpaid for more than ten days after it is due (whether demanded or not) or there being a breach of any
    other of the Sharer’s obligations under this Licence or in the event of the Sharer ceasing to reside at the Property or in the event of the
    Sharer’s death this Licence shall there upon determine absolutely but without prejudice to any of the Owner’s other rights and remedies in
    respect of any outstanding obligations on the part of the Sharer.
    3 The deposit has been paid by the Sharer and is held by the Owner to secure compliance with the Sharer’s obligations under this Licence
    (without prejudice to the Owner’s other rights and remedies) and if, at any time during the Period, the Owner is obliged to draw upon it to
    satisfy any outstanding breaches of such obligations then the Sharer shall forthwith make such additional payment as is necessary to restore
    the full amount of the Deposit held by the Owner. As soon as reasonably practicable following determination of this Licence the Owner shall
    return to the Sharer the Deposits or the balance thereof after any deductions properly made.
    4 The Owner will insure the Property and the items listed on the Inventory.
    5 The Owner hereby notifies the Sharer that any notices (including notices in proceedings) should be served upon the Owner at the address
    stated with the name of the Owner overleaf.
    6 In the event of damage to or destruction of the Property by any of the risks insured against by the Owner the Sharer shall be relieved from
    making the Payment to the extent that the Sharer’s use and enjoyment of the Property is thereby prevented and from performance to the
    extent of and whilst there prevails any such damage or destruction (except to the extent that the insurance is prejudiced by any act or default
    of the Sharer) the amount in case of dispute to be settled by arbitration.
    7 As long as the reference to a notice of early termination in the definition of the 'PERIOD' overleaf (the ‘early termination notice’) has not
    been deleted then either party may at any time during the Period terminate this Licence by giving to the other prior written notice to that
    effect, the length of such notice to be that stated in the early termination notice, and upon the expiry of said notice this Licence shall end
    with no further liability for either party save for liability for any antecedent breach.
    8 The Sharer shall not have exclusive possession of any part of the Property and the identity of the other occupiers of the Property shall be
    in the absolute discretion of the Owner.
    9 Where the context so admits:
    9.1 the 'Property' includes all of the Owner’s fixtures and fittings at or upon the Property and all of the items listed in the Inventory and (for
    the avoidance of doubt) the Room.
    9.2 the 'Period' 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 of the Licence respectively.
    10 All references to the singular shall include the plural and vice versa and any obligations or liabilities of more than one person shall be
    joint and several and an obligation on the part of a party shall include an obligation not to allow or permit the breach of that obligation.

    #2
    Doest the 'tenant' live in the same property as you?

    Comment


      #3
      Whether the 'Agreement' is from USA or not [it mentions 'Council Tax', so it's probably not!], the law of England & Wales decides T's status.
      If OP resides there as only/main home, T is- at most- a licensee/lodger and not a tenant.
      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


        #4
        Originally posted by Snorkerz View Post
        Doest the 'tenant' live in the same property as you?
        Yes we live in the same property together.

        Comment


          #5
          http://www.amazon.co.uk/gp/product/1905261020

          http://www.amazon.co.uk/Quick-Guide-.../dp/1906971196
          I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

          Comment


            #6
            Originally posted by landland View Post
            Yes we live in the same property together.
            There is nothing 'illegal' in the agreement, although the statement
            *(2) The law requires that the written notice not be less than four weeks in the case of notices
            given by Non-Resident Owner (for whom this License is intended).
            is not correct in your instance (you are a resident landlord).

            As you will see in the posts linked to by theartfullodger your sharers are (in effect) lodgers - otherise known as 'excluded occupiers' which means they fall outside of the 1988 Housing Act etc. Therefore, the terms of their stay with you are dictated by whatever is agreed between the parties - ie the agreement you posted above.

            Comment


              #7
              Originally posted by landland View Post

              Please can someone help advise me in regards getting them out, crucially if the following stands or whether I have to wait till the end of six months?
              EARLY Either party may at any time end this License earlier than the end of the Period
              TERMINATION by giving to the other written notice of ............................. weeks/months*
              If you are a resident landlord, i.e. live in the same property as the lodger/excluded occupier, then the above provision re notice is perfectly legal. You have, I take it, filled in a number where the dotted lines are?

              See this link for more info on evicting a lodger (the website is written by a specialist landlord/tenant law solicitor):
              http://www.lodgerlandlord.co.uk/2010...r-who-wont-go/

              Comment


                #8
                Just a word of caution - although the advice in this thread regarding residential landlords is correct I want to add a few words of warning. Firstly, you obviously have the wrong agreement for your situation, this is unlikely to matter, but the fact that this agreement is a blatant (and probably ineffective) attempt to get around the protection offered to tenants may influence a judge to declare that, in fact, you have granted a tenancy. If you do occupy the house as your main home this is unlikely though; you should be aware of the risk but proceed as if you have only given a license.

                Secondly, though most of the provisions in the Protection from Eviction Act do not apply to licensees, it is still an offence to do acts 'likely to interfere with the peace and comfort of the residential occupier' - s1(3A) Protection from Eviction Act 1977 unless you have 'reasonable grounds' for doing so - s1(3B).

                I'm sure that you are acting reasonably, but thought you should know this before you try an eviction.
                Disclaimer:

                The above represents my own opinion, derived from personal knowledge and should not be relied upon as definitive or accurate advice. It is offered free of charge and may contain errors or omissions or be an inaccurate opinion of the law. I accept no liability for any loss or damage suffered as a result of relying on the above.

                Comment


                  #9
                  The risk of granting a tenancy is not that the Protection from Eviction Act 1977 might apply, because tenancies/licences where the LL is resident are clearly excluded under s.3A(2); so s.1 doesn't apply. If this wasn't so, then changing the locks whilst a excluded occupier who'd outstayed their notice was out (which would interfere with the peace and comfort etc) would be an offence, and it isn't.

                  For actual implications, see http://www.lodgerlandlord.co.uk/2010...ger-a-tenancy/

                  Comment


                    #10
                    Originally posted by westminster View Post
                    The risk of granting a tenancy is not that the Protection from Eviction Act 1977 might apply, because tenancies/licences where the LL is resident are clearly excluded under s.3A(2); so s.1 doesn't apply. If this wasn't so, then changing the locks whilst a excluded occupier who'd outstayed their notice was out (which would interfere with the peace and comfort etc) would be an offence, and it isn't.

                    For actual implications, see http://www.lodgerlandlord.co.uk/2010...ger-a-tenancy/
                    westminster, I disagree. Some sections of the Protection from Eviction Act do not apply to excluded tenancies or licenses. But s3A merely defines which tenancies are excluded. If a section does not apply to those tenancies it states that is the case (eg s3 which deals with the prohibition on eviction without a court order says in s3(1) that:

                    Where any premises have been let as a dwelling under a tenancy which is neither a statutorily protected tenancy nor an excluded tenancy....

                    Section 1 does not do this, it applies to all 'residential occupiers', defined by s1(1) as:

                    ... a person occupying the premises as a residence, whether under a contract or by virtue of any enactment or rule of law giving him the right to remain in occupation or restricting the right of any other person to recover possession of the premises.

                    As far as I know this applies to any tenant or licensee, even those living with their landlord.
                    Disclaimer:

                    The above represents my own opinion, derived from personal knowledge and should not be relied upon as definitive or accurate advice. It is offered free of charge and may contain errors or omissions or be an inaccurate opinion of the law. I accept no liability for any loss or damage suffered as a result of relying on the above.

                    Comment

                    Latest Activity

                    Collapse

                    Working...
                    X