Opinions on "Tenancy Agreement"

blued

I've just been asked by my lodger to sign a tenancy agreement and a letter of declaration stating that she lives at my address. I'm on my 4th lodger and have never had anything like this before, none of the others even wanted a receipt for their deposit!

The form has 3 sections:

Tenant Details

Landlord/Property Owner Details

Occupancy and Rent (this has rent amount, when they moved in, notice required, whether her property is covered by my insurance etc)

Then there is a part for us both to sign at the bottom. She has backdated this to when she moved in.

Does this sound ok to sign? She said it is to get a bank account. She's been paying by cheque because she says that her bank account got hacked into so they wouldnt let her set up a standing order. Sounds like nonsense to me!

I'm in Scotland if it makes any difference? I'm pretty sure signing this will make no difference to the rights she has but wanted to see what people thought. Should it be a lodger or tenancy agreement? Does it make a difference?

Fire_Fox

She might need proof of address for a new bank account or maybe it is for claiming housing benefit? She is not a tenant if you live in, it should be a lodger agreement IMO. Have you asked her to amend this aspect of the agreement?

blued

I haven't asked her to amend it, I literally just got it and then asked on here! So you think it's best to ask her to change it to "Lodger Agreement" before I sign? That does make more sense to me. Is there one kicking about on the net somewhere and then I can sort it at work tomorrow?

/off for a look

Fire_Fox

blued wrote: »

I haven't asked her to amend it, I literally just got it and then asked on here! So you think it's best to ask her to change it to "Lodger Agreement" before I sign? That does make more sense to me. Is there one kicking about on the net somewhere and then I can sort it at work tomorrow?

/off for a look

I am not really sure what you are unhappy about is all, this is a business arrangement but you don't like the idea of a contract?

blued

A contract is fine but she is a lodger and it refers to tenant and tenancy which to me is something different? The landlord does not live in with a tenant? I'll happily sign this "Tenancy Agreement" if the wording makes no difference?

muskoka

I wouldn't give any lodger any written agreement. I thought a lodger technically dosent have any rights? Ask her what she wants it for? and can whoever she wants it for write to you for confirmation?

blued

Well she said it is to open a new bank account. I have my doubts though because just an hour or so earlier she said the problems with her current bank account were sorted and she'd be able to set up a standing order soon. Currently she pays by cheque because the bank apparently wont allow her to set up a standing order.

Anyway to me both the letter and the agreement read as if she is renting my property and not that she is a lodger there.

Fire_Fox

muskoka wrote: »

I wouldn't give any lodger any written agreement. I thought a lodger technically dosent have any rights? Ask her what she wants it for? and can whoever she wants it for write to you for confirmation?

A lodger does have some rights, just not the rights that a tenant would have. A lodger agreement would definitely be needed to claim housing benefit, for obvious reasons. If it were me I'd simply insist any sections that were not accurate were amended.

blued

The only thing wrong with it really is the use of the word Tenant/Tenancy where it should be Lodger.

I'm happy to type up the letter she gave me myself tomorrow and change it to Lodger but making an actual form will take time I dont have.

I think I need something like this - http://www.lawpack.co.uk/Property/LandlordAndTenancy/product712.asp?source=spare1

blued

This goes into a lot of detail - http://www.landlordlaw.co.uk/content/T004W.pdf

Perhaps too much!

Fire_Fox

blued wrote: »

The only thing wrong with it really is the use of the word Tenant/Tenancy where it should be Lodger.

I'm happy to type up the letter she gave me myself tomorrow and change it to Lodger but making an actual form will take time I dont have.

I think I need something like this - http://www.lawpack.co.uk/Property/LandlordAndTenancy/product712.asp?source=spare1

If your lodger wants the agreement let her do the donkey work! Make brief notes on what you want changing before you sign and leave her to it.