Will they be a Lodger or Tenant??

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    Will they be a Lodger or Tenant??

    Hi
    I have posted before on here about problems with my son/wife but they are moving out now so thank you for your help on that.....
    So...... I have a question as I want to rent out the rooms again.
    IF they have there own bedroom, kitchen, bathroom, lounge (no locks or doors to the upstairs, just upstairs as you come in the front door ) AND if I say they can share my other 2nd lounge and toilet (both downstairs with me) AND hoover the stairs and say wash their sheets can I call them a lodger and not have to get a Non-assured tenancy agreement. ??
    All bills would be included as well. I am getting confused about the grey areas on all of this.
    I may also need help on an Agreement depending on what is best to do.
    thanks in anticipation.

    #2
    I think they would be lodgers.

    Offering a 'service' such as cleaning confirms their status, and the fact you live under the same roof.

    Make sure that you use a decent lodger agreement though not an altered AST.
    I offer no guarantee that anything I say is correct. wysiwyg

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      #3
      Thank you,
      Where would I get a 'decent' lodger agreement from ??

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        #4
        Going back a fair while, I have never had a Lodger agreement.

        Verbal agreement between me and landlord to pay rent every month of £ x, keep ALL the place tidy of my own items, and deposit of one months rent, and 24 hours notice to leave if I cause a problem.

        You can put that and a bit more in a simple document, signed by both, but if you want to go the full monty, then find a lodger agreement but modify it to apply to your situation.

        But you DO have a sort of self contained flat ? and you don't have to have locks on if you don't want.
        You don't have to have locks on your external front door if you don't want to.
        But sharing the whole house with lodger would be o.K. just to have them as a lodger.
        But if he / she can use your bathroom and kitchen, then you must state you can use his as well, otherwise you are not sharing the house.

        You will verbaly state that, of course, you expect him / her to use their own bathroom and kitchen.

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          #5
          Tessa does a lodger agreement. I think it costs £19 and well worth.

          http://www.lodgerlandlord.co.uk/

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            #6
            Thanks for your advice.
            So....... do all reading this think I should definitely go for Lodger Agreement, as am I right in thinking if I go for full self contained flat (although no door to their bit) I have all the HMO, full tax implications, separate Council Tax bills etc etc to deal with.
            I really just want it to be quite easy and do it by the Rent A Room Scheme(although declare the higher rent to them).
            So IF I say they can use my kitchen as well and Lounge, and clean the stairs and wash sheets and supply towels (but tell them verbally to use their own bathroom/kitchen) it should be OK????
            Thanks for your help.

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