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Lodger Agreement for Lodger, rent book?

Hi there,

A property is under offer from myself awaiting the valuation from the lenders. I have spoken to one of my mates and It is very likely I will 'rent him a room' under the rent a room scheme. I have spoken to my lender and they was fine with this.

I found out a few days ago (on here incidentally) that I would need a rent book if the lodger was paying me rent weekly (which they will be doing as it's when they get paid). I purchased a rent book from Whsmith today, the only problem is in the type of letting section it only has the 3 options:

  • Assured or Assured Shorthold Tenancy
  • Restricted Contract Letting
  • Protected or Statutory Tenancy
Which one of these would apply for a 'lodger agreement', would I need to cross out all them and just write Lodger agreement on the rent book or what?

I just want all the legal side of things to be watertight to protect me in the future if ever I don't get on with my mate or he decides to be funny.

Kind Regards

Ben:confused:
«13

Comments

  • ben1985
    ben1985 Posts: 115 Forumite
    can anybody help:):j
  • HappyMJ
    HappyMJ Posts: 21,115 Forumite
    10,000 Posts Combo Breaker
    A lodger has no rights. You can ask a lodger to leave straight away so just treat it as a receipt book to acknowledge you have got that weeks money.
    :footie:
    :p Regular savers earn 6% interest (HSBC, First Direct, M&S) :p Loans cost 2.9% per year (Nationwide) = FREE money. :p
  • theartfullodger
    theartfullodger Posts: 15,579 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 5 June 2009 at 8:18PM
    Dunno if you've heard about this new thingy that the techies are getting quite keen on "Google"... it finds things and "Lodger agreement" finds this...

    http://www.landlordzone.co.uk/lodgers_rent-a-room.htm

    In particular
    http://www.landlordzone.co.uk/pdf/Lodger%20Application.pdf

    NB landlordzone is a very useful site...

    I know he's a mate but you REALLY REGALLY REALLY want his NI #, copy of payslip, copy of driving licence or passport so that in the very unlikely event that he disnae pay up you can later find him & get the money back...

    Treat it as a formal business arrangement & it might work. Treat it as a casual thing between mates & it will go t*ts up...

    Don't use the WHSmith AST - it may appear to give him rights he shouldnae have...

    Cheers!

    Lodger
  • ben1985
    ben1985 Posts: 115 Forumite
    cheers for all the advice so far, especially about payslips and NI numbers, I'll ensure I get all of that.

    We've mentioned about 4 weeks notice. So does that mean I can't just kick him out if he did something REALLY Bad, I understand about him saying he wants to leave and giving me 4 weeks notice and 4 weeks more rent but not how to him out if he did something really bad?

    Regards

    Ben
  • theartfullodger
    theartfullodger Posts: 15,579 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    There are differing opinions on this... but i think 28days makes sense and would be (probably) found by a court to be reasonable.. Put it in writing!

    See
    http://www.lodgershares.co.uk/getting-rid-of-a-lodger.html

    Cheers!

    Lodger (A landlord but not had lodgers for over 25years..)
  • BitterAndTwisted
    BitterAndTwisted Posts: 22,492 Forumite
    10,000 Posts Combo Breaker
    Theartfullodger was pulling your leg: the links would be useful for anyone considering taking a stranger into their home, not a pal.

    Four week's notice sounds fair but if your pal mucks up and makes an absolutely horrific transgression, you are well within your rights to ask them to leave immediately. A pal you probably wouldn't which could make the whole situation a bit trickier.

    What I would do in your situation is to have a really hard think about whether you want to agree to some basic guidelines together about share of the bills, what food would be communal, share of the housework, that sort of thing. Maybe consider chipping in and have a kitty for laundry and cleaning products, loo rolls, tea and milk sort of stuff.

    l have to say that whenever I've had lodgers in the past, friends for some reason have been guilty of taking the mickey much, much more than any stranger has.
  • theartfullodger
    theartfullodger Posts: 15,579 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Nope, no leg pulling here.


    Cheers!

    Lodger
  • Andy_Hamilton
    Andy_Hamilton Posts: 660 Forumite
    For my lodgers, I leave the notice period blank for them to fill in when they move in. I tell them what ever they write we both stick to between 2 days and a month. One logder put 1 month and the next put 2 weeks. If they were doing some horrific act you can get them to leave there and then.
    If I was taking in a friend as a lodger I would honestly put a clause in a contract to say for the first 3 months the notice period is 1-2 weeks then goes up to 1 month. That would give a chance to see if your still friends or if they just take the pee.

    As for the rent book, The one you have sounds like the wrong one. I never use a rent book (always ask for standing order) or give a very basic reciept to say:
    Date
    Money paid
    For what
    signed by you.
    Lets get this straight. Say my house is worth £100K, it drops £20K and I complain but I should not complain when I actually pay £200K via a mortgage:rolleyes:
  • I am a tenant of a 3 bed flat and am on my own, looking to 'rent a room' to someone who is not a good mate, butneeds somewhere to stay

    I am looking for a lodger agreement whereby then have some sort of agreement with me, but not as tight as a tenant, as I am the tenant of the property and do not want a joint tenancy

    everywhere i look online i need to pay for a template of a lodger agreement, but am cautious as i dont wanna pay for something until i know what it says

    does anyone happen to have a lodger agreement or know somewhere that does free templates?

    I have a lodger application form done already from landlordzone.co.uk but they dont offer free templates.

    Dont need anything majorly agressively formal, but a good agreement that means if they do a runner or something (as happened with my last 'co-tenant') I have some come back if I want to pursue it.

    Regards

    Potential 'Landlord'
  • N79
    N79 Posts: 2,615 Forumite
    I am a tenant of a 3 bed flat and am on my own, looking to 'rent a room' to someone who is not a good mate, butneeds somewhere to stay

    I am looking for a lodger agreement whereby then have some sort of agreement with me, but not as tight as a tenant, as I am the tenant of the property and do not want a joint tenancy

    everywhere i look online i need to pay for a template of a lodger agreement, but am cautious as i dont wanna pay for something until i know what it says

    does anyone happen to have a lodger agreement or know somewhere that does free templates?

    I have a lodger application form done already from landlordzone.co.uk but they dont offer free templates.

    Dont need anything majorly agressively formal, but a good agreement that means if they do a runner or something (as happened with my last 'co-tenant') I have some come back if I want to pursue it.

    Regards

    Potential 'Landlord'

    Do you have permission to sublet? This would normally be excluded on an AST agreement.
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