Advice needed for lodger contract

kr15snw

So a friend of mine has been renting his spare room out to another friend for a few months and all has been great. They've been meaning to get a contract written up but kept forgetting to do it.

To cut a long and complicated story short his lodger has now got back with her ex boyfriend. Last time they were together he encouraged her to scive off work (he doesnt work, nor can he be bothered), spend all her wages on him (buying gifts or paying for days out) and dump all her mates. Luckily she saw sense, left him (just as they got booted out of their flat as they hadn't paid rent for 4 months) and moved in with another friend while she got herself sorted. She then started rening this room.

Theyve been back together a week and she's already missed 3 days of work (she wanted to spend more time with him) and he's speant every night at hers (he's currently sleeping on his sisters sofa).

My friend is now obviously very concerned as she doesn't get paid when she doesnt work (she's a temp) and she's already spending lots of money on 'random' stuff she can't afford. His main 2 worries are that she's not going to be able to afford to pay him rent, plus he's also worried that the boyfriend is already becoming a regular feature.

So this has given him a kick to get a contract sorted, but he's unsure on the wording. He needs to explain that if she doesn't pay she's out plus he doesnt want her bloke over all the time. He understands its fair to let her have guests every now and then but what kind of limit can he put on this?

In her last home (before she moved in with the bloke) she had a contract that said she could have a guest 3 nights a week, so he stayed over 3 nights every week for 6 months. Which as you can understand made her landlord seriously unhappy as he ate there every other night and also used to shower there nearly every day.

So anyone have any tips to how this can be worded? He doesnt want to upset her too much as she is a good friend, but at the same time he wants to lay some ground rules.

Jowo_2

Landlordzone has good information on the rent a room scheme, plus advice to landlords on how to make arrangements with lodgers. Their site also has links to templates.

The best lodgers are sorted people and he should think about serving her notice rather than getting sucked into her personal problems, frankly, particularly as its already clear she will struggle to pay the rent and he could end up having debt collectors round in future.

Pity should play no part in a landlord/lodger relationship. He already has evidence that this forms a predictable pattern of behaviour so she's on a slippery slope and shouldn't fool himself that he can 'save' her, nor should he get remotely involved. He offered her accommodation when most landlords wouldn't touch her (rent arrears) and now she is about to repay this hospitality by repeating the cycle.

It's time he told her to move on, that the property was ideal for her to get her back on her feet and now she is in a good position to become fully independent, she should think about finding a new place, that the accommodation he has isn't really suitable for couples.

It's also his place and he should not be intimidated about setting rules. If he doesn't want any overnight guests (and why should he open his door to a layabout), then that's what he should state as a house rule. If she doesn't like the rules, she can move out.

In this situation, I would set up a short notice period of a week or two on the contract to minimise the risk of large rent arrears or bad atmosphere when the relationship breaks down between them.

Get rid, I say, the homeless boyfriend probably already regards the landlords place as theirs and seems to have had an immediate corrosive effect on her. She's already abusing his hospitality and she is apparently spending her limited income on things other than her rent - what else does she have to do to become undesirable as a lodger than not turning up for her job, inviting her layabout bf to stay there and frittering away her rent money?

kr15snw

Thanks for your advice, I'll pass it on.

He obviously doesn't want to just chuck her out now, in case she does change this time (can't see it myself though!). I like the idea of having a short notice period though, and maybe saying something like if she doesnt pay rent within 2 weeks (she pays weekly) she has 2 weeks to get out once notice is served.

Jowo_2

A person is in rent arrears the day after the rent is due and they haven't paid. Rent arrears should be tackled immediately. What's the point in waiting 2 weeks to challenge overdue rent, followed by a notice period of a further 2 weeks? That means the lodger has the potential to wrack up a month's worth of owed rent. If she pays weekly, then have the notice period of a week.

Your friend could consider getting the lodger to set up a weekly standing order so its payout gets prioritised from her bank account into his and he doesn't have to chase it up every week in person. To do this, he should give her the form to fill in and hand back to him to take to the bank - this way he is sure that it is completed and with the bank for processing.

The landlord seems unfeasibly tolerant - the lady has a demonstrable history of not fulfilling her contractual obligations with her previous landlord and employers. If she's ignored a previous AST and ignores her current employment contract, what use is the new contract your friend proposes to draw up?

the example you've given is one of the reasons why some landlords recommend never to let friends become their tenant or lodger - common sense goes out of the window, relationships get spoiled, all because its impossible to be business-like about the arrangements and favours are expected. Somehow this landlord has an obligation to accommodate someone abusing their hospitality and friendship by putting their personal desires first.

From a business perspective, she represents a risk. If the landlord is business-like, he will see her for the risk she represents rather than thinking he has some pastoral role in saving her from herself. How many tenants/lodgers would have temerity to say to their landlord 'hey, the rent'll be paid late because I didn't bother to go into work and I spent my savings having fun'?! but I bet this lodger will just try and charm your mate into accepting arrears or coming up with a sob story.

She's an adult. People that don't pay their rent get evicted. Tenants/lodgers are responsible for the behaviour of their guests that they bring into the property. Employees that are unreliable get sacked. Sacked employees don't get JSA for some time. Rent is a priority bill. etc.

What kind of deposit has the landlord taken?

Planner

I think your friend is making a terrible mistake offering a contract when such problems and potential problems exist. A contract wont make the rent magically appear, the lodger will either pay it or she wont.

BitterAndTwisted

There is no need for an actual contract but a list of mutually agreed terms would be reasonable in most cases. In this instance I would recommend your friend makes it quite clear when or how often he thinks this bloke should be hanging about. It's his home and he absolute control over who crosses his threshold. If he thinks it's fair (and I certainly do) to ask this lodger to make arrangements for the rent to be paid weekly in advance then he should ask for arrangements to be made to pay it either by standing order or in cash now and quickly. Lodgers have few if any rights and she really only has the right to live in his property as long as your friend says so. She should be made aware of this if she isn't already and as soon as the rent is in two week's worth of arrears she should be given her marching orders.

speaker1798

Planner wrote: »

I think your friend is making a terrible mistake offering a contract when such problems and potential problems exist. A contract wont make the rent magically appear, the lodger will either pay it or she wont.

This is true

G_M

A person is in rent arrears the day after the rent is due and they haven't paid. Rent arrears should be tackled immediately. What's the point in waiting 2 weeks to challenge overdue rent, followed by a notice period of a further 2 weeks? That means the lodger has the potential to wrack up a month's worth of owed rent. If she pays weekly, then have the notice period of a week.

I'd go further. A week is a long time living with someone in your home who a) owes you money b) has a dodgy biyfriend and c) knows she's being kicked out in another 6, 5 ,4, 3, ... days.

A serious chat to make her understand rent must be paid, and if it's not, she will be evicted next day. It's your friends home, not a separate property with a tenancy. The contract confirms what the chat comprises.

he can make what rules he likes: No overnight visiters at all if he wants. It's HIS home.

DVardysShadow

G_M wrote: »

... I'd go further. A week is a long time living with someone in your home who a) owes you money b) has a dodgy biyfriend and c) knows she's being kicked out in another 6, 5 ,4, 3, ... days.

Agree. It needs to be put in terms of 'On Friday you pay me the rent or you move yourself and your stuff out and that is your choice every Friday'