Lodger Agreement for Lodger, rent book?

BitterAndTwisted

You don't need a formal, written agreement for a lodger. As long as you inhabit the property they can only live there as long as you agree then being there. In law, they have no rights whatsoever if you don't want them to live there any longer. Having a few written, agreed terms is handy so you both know where you stand with respect to share of bills, agreed share of housework, notice period of things don't work out and stuff like that.

flowerpotgirl2006

N79 wrote: »

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

yes I have a letter from my landlord to say I can sublet - I also ahve numeroud text messages from my landlord agreeing to me subletting

long story short, my partner and i moved to northern ireland and after 6 weeks he left, iw as left with bills from him running his business from home and i said i couldnt afford the rent on my own - the landlord wanted a steady tenant so allowed me to sub-let

BitterAndTwisted

N79 wrote: »

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

Having a lodger or agreeing to someone else staying for a bit is NOT subletting, although I agree that some T&Cs might preclude this

flowerpotgirl2006

basically - a person i met a few months back has realised that she si travelling too far to uni every day, when my flat is literally 5 minutes drive, she knows i am sruggling with the rent and that on my own and asked if i would be looking for anyone to 'rent a room'

the last person i let rent a room, my landlord jumped in and made them get a tenancy agreement etc and made it this big formal thing - next thing i know, i go home for xmas and come back and the place has been left, their room is a mess and no rent paid since 4th december (mean to be paid fortnightly) - no way of contacting the person and i went to my landlord and said 'well you have a seperate tenancy agreement with them so its up to you to chase it up' and my landlord said 'your the tenant, you collected his rent from him, its up to you to deal with it'

So now i know i dont want them to have a tenancy agreement - but i found out about lodger agreements - see the problem at the moment is that the other tenant - we dont have an address for him so cant serve a 28 day notice to quit to him, he has left belongings in the flat and i cant afford to pay the rent on my own at the moment, so close after xmas, but also dont knwo where i stand legally because he has a seperate tenancy

so im looking for a lodger for my third bedroom, so if the other tenant turns up, i havent been seen to break any unknown laws

Fire_Fox

Run a search on tenant abandonment and find out how to legally oust your non-paying absentee housemate.

N79

You don't need a formal agreement but if you want one the type of agreement you require is called a "licence to occupy". You do not want any of the agreements you mention in your first post.

You are probably better of just drawing up a short list of rules detailing any expected behavour. Include a notice period for yourself and lodger and also a rent payment frequency and amount plus any house rules you would like lodger to observe (eg no smoking).

flowerpotgirl2006

the previous person had a tenancy agreement - all their things are still in the flat, but they owe rent, changed their number and have no way of contacting them

under the abandonment that i can find online, it looks like im meant to just let it go and keep the place free for if they choose to return - no keys were left...

the agreement is between them and my landlord as my landlord wanted them to have a full tenancy agreement - if i let someone else have their room and the abandonee returns..... help...

N79

flowerpotgirl2006 wrote: »

the previous person had a tenancy agreement - all their things are still in the flat, but they owe rent, changed their number and have no way of contacting them

under the abandonment that i can find online, it looks like im meant to just let it go and keep the place free for if they choose to return - no keys were left...

the agreement is between them and my landlord as my landlord wanted them to have a full tenancy agreement - if i let someone else have their room and the abandonee returns..... help...

I can not reconcile this with this comment you made above above

the last person i let rent a room, my landlord jumped in and made them get a tenancy agreement etc and made it this big formal thing - next thing i know, i go home for xmas and come back and the place has been left, their room is a mess and no rent paid since 4th december (mean to be paid fortnightly) - no way of contacting the person and i went to my landlord and said 'well you have a seperate tenancy agreement with them so its up to you to chase it up' and my landlord said 'your the tenant, you collected his rent from him, its up to you to deal with it'

In order to get any help on the abandonment issue can you please provide details of the eactly whom each tenancy agreement is between (name LL and T) and the type of agreement.

flowerpotgirl2006

N79

The guy i shared with before - he was jsut looking for somewhere to stay - the LL said heneeded a tenancy agreement with the guy so that if there was a problem the LL could come in and the T couldnt say 'i dont know who you are' so the LL and T signed a formal tenancy agreement for 4 months. I have my own tenancy agreement from when I first moved in to the flat in May 09

the T paid his share of the rent to me, and I paid the rent to the LL

the T last paid rent on 4th december - his next fortnights rent was due on 18th - he said he would pay me that weekend - then the T was 'out with friends' and I never saw him before I left to visit family on 23rd December.

I returned to the flat on 28th December to find the Ts room in a mess, clothes all over the place, no rubbish taken out - but his main things - bathroom stuff, straightners, ipod etc are all gone but there are clothes and bedding left

I texted my landlord and said that I had paid the rent for December but the T appeared to have done a runner and I was owed money, and the LL said that I am the tenant and that it's my responsibility to collect the T's rent and forward to him in one monthly payment.

Technically, because I collected the T's rent, I'm the LL, but the T has a tenancy agreement with my LL in writing.

I cannot really afford to live in the flat on my own, and lots of people are interested in renting a room, which I would like to do as a 'lodger' so I know I am responsible for the burden of the full rent if the person ups and leaves. But it seems I cannot just store the T's things away and re-let the room because of the abandonment laws on allowing him to return...

I have tried to contact the T who has abandoned but the number has been changed and the LL did not get any family addresses or numbers. I found the Tenant orig to 'flat share'

Can I pack the T's things up, store them safely, let the room to a 'lodger' and see if the T returns?

Should I even be worrying about it as there is a signed tenancy agreement between the T and the LL?

And technically, who is the LL, is it me because i collected the rent, or my LL because there is a signed tenancy agreement between him and the T?

flowerpotgirl2006

I have a tenancy agreement between myself and the LL from May 09 for 'the whole flat'

the T who appears to have abandoned has a tenancy agreement between him and the LL from July 09 - seems the LL used my tenancy agreement and just changed a few words

Am worried in a court of law it would look like we were both renting 'a whole flat'