Opinions on "Tenancy Agreement"

Jowo_2

Get a proper Lodgers Agreement, one that makes clear her obligations, and ensure that it has a brief notice period of one week in it. Make her fill in a Lodgers application form that will provide you with lots of information about her. The landlordzone website will have the templates available either free or at low cost.

The best lodger is a sorted one and she sounds financially risky. It also sounds like she could be lying to you about the motive - she should be able to provide a bank statement or driving licence to prove her address to the bank.

http://www.bank.barclays.co.uk/CurrentAccounts/Identificationdocumentsrequired/P1242557966027

blued

ok thanks for the advice I'll print out the Lodgers Agreement I posted on the previous page and also the Lodger Application from the following page. In hindsight I should have done this before she moved in but the last 3 lodgers were fine so I guess I've become too laid back.

http://www.landlordzone.co.uk/agreements_registered.htm

I'm pretty sure she won't be thrilled about filling this out but if it is documents that she wants...!

She did mention that she hasn't changed her drivers license to my address. I'll mention that using a passport and a current bank statement would be enough to open a new account.

blued

Under "The Services" on the Lodger Agreement I posted do I need to put anything more than bedroom and share of bathroom/kitchen?

Jowo_2

blued wrote: »

She did mention that she hasn't changed her drivers license to my address. I'll mention that using a passport and a current bank statement would be enough to open a new account.

The landlordzone website has got good information on Lodgers and the Rent a Room scheme, plus the necessity to perform screening to identify and weed out those who have poor credit records, liars, etc.

Though it's worked out fine for you to date without any paperwork, it can prevent disputes about simple issues and give you more control about serving notice.

The majority of posters here don't believe she requires that agreement to open a bank account anyway - How does she currently get paid by those agencies!? - we believe that she needs it to make a claim for Local Housing Allowance. Failing that, perhaps she has a huge overdraft and is hoping to open a new account.

I have had my bank accounts hacked by scammers on multiple occasions and they've never interfered with its operation in anyway. All that's happened is that I've been issued with new cards and got refunds back but at no point did I have any problems with Direct Debits, Standing orders or taking out cash.

Is she on the electoral register at your address? If not, offer to put her on it and if she is reluctant, then the chances are that she has creditors and doesn't want to be traced (hence the reluctance to update her driving licence). I do tend towards the cynical but your lodger seems to be broke and to be a liar.

One of my friends had a lodger who absconded owing rent and is now plagued by debt collectors for unpaid credit card bills, mobile phone accounts, unpaid loans and so forth from previous addresses which she didn't even detail on her lodgers application form (i.e. she gave false information) but that's my pals fault for not using the info there to run checks which would have uncovered CCJs and flagged up issues with the previous addresses that were supplied. During the lodgers stay, mail arrived addressed to people who didn't live at the property. Turned out that it is likely that the broke lodger was applying for credit, SIM cards, etc, in false names (all turned down by the companies, though, as there was no association with those fake names at that address when they performed checks).

Jowo_2

blued wrote: »

Under "The Services" on the Lodger Agreement I posted do I need to put anything more than bedroom and share of bathroom/kitchen?

I haven't got a copy of that form but some landlords provide laundry and meals as additional services. Is there a separate field where you get to say which particular bills are included/excluded?

EDIT - apologies but I've just noticed that you are based in Scotland. A lot of info/docs on the Landlordzone website are aimed at England/Wales so check if its applicable to Scotland. WH Smith sells Lawpack lodgers agreements which usually have a Scottish version in them.

N79

Jowo wrote: »

Get a proper Lodgers Agreement, one that makes clear her obligations, and ensure that it has a brief notice period of one week in it. Make her fill in a Lodgers application form that will provide you with lots of information about her. The landlordzone website will have the templates available either free or at low cost.

Just a note of caution that the LLZone website deals with English law and this agreement is under Scottish law (according to the OP).

blued

Jowo wrote: »

The landlordzone website has got good information on Lodgers and the Rent a Room scheme, plus the necessity to perform screening to identify and weed out those who have poor credit records, liars, etc.

Though it's worked out fine for you to date without any paperwork, it can prevent disputes about simple issues and give you more control about serving notice.

The majority of posters here don't believe she requires that agreement to open a bank account anyway - How does she currently get paid by those agencies!? - we believe that she needs it to make a claim for Local Housing Allowance. Failing that, perhaps she has a huge overdraft and is hoping to open a new account.

I have had my bank accounts hacked by scammers on multiple occasions and they've never interfered with its operation in anyway. All that's happened is that I've been issued with new cards and got refunds back but at no point did I have any problems with Direct Debits, Standing orders or taking out cash.

Is she on the electoral register at your address? If not, offer to put her on it and if she is reluctant, then the chances are that she has creditors and doesn't want to be traced (hence the reluctance to update her driving licence). I do tend towards the cynical but your lodger seems to be broke and to be a liar.

One of my friends had a lodger who absconded owing rent and is now plagued by debt collectors for unpaid credit card bills, mobile phone accounts, unpaid loans and so forth from previous addresses which she didn't even detail on her lodgers application form (i.e. she gave false information) but that's my pals fault for not using the info there to run checks which would have uncovered CCJs and flagged up issues with the previous addresses that were supplied. During the lodgers stay, mail arrived addressed to people who didn't live at the property. Turned out that it is likely that the broke lodger was applying for credit, SIM cards, etc, in false names (all turned down by the companies, though, as there was no association with those fake names at that address when they performed checks).

Well she already has a bank account because I get a cheque from her each week. I have an account at the same bank so her cheque goes straight in there so that I can see it clear instantly. If she was working then the money from the agencies could be paid in there. She isn't working though. I have no idea if she is getting correspondence from her current bank at my house because she picks up the mail while I'm at work and leaves it on the table for me.

To be honest I don't think she needs it to open a bank account either and like you say a bank would not prevent you from setting up a standing order because your account had been hacked. She is currently paying rent, so is not completely broke, but I'm beginning to think she is a liar.

She isn't on the electoral register but I will offer to put her on it tonight.

I think my course of action tonight will be to give her the letter that confirms she lives there. I dont think any harm can come from that, it could be for something like a library card and has nothing about the amount of rent paid which would be needed for LHA. I'll also give her the Lodger Application Form (I'm sure the landlordzone will be fine as it is just gathering information) and ask her to complete that so that I can get a Lodger Agreement made up and then on receipt of that I'll buy the correct document for Scottish law from WHSmith.

Thanks for all the great advice.

Jowo_2

You should make it a condition of giving her a lodgers agreement when she completes the lodger application form and completes a standing order form (which she should hand back to you so you can take it to the bank to be processed). Tell her that the cheque is too much of a faff. The letter is the only thing that she needs for her LHA claim so she won't be particularly motivated to complete that form if you give her what she needs to qualify for benefits.

As per the previous advice, make sure the notice period is short. Because she is looking to claim LHA, this does ensure your rent gets paid but can remove the incentive to find employment which is an anxiety of yours. You say in many respects she is an ideal lodger, but to be honest, she isn't - she's not working and she's deceitful. She'd need to charm you to retain her lodgings in those circumstances. You also have doubts about her character so make sure the notice period is short so you can serve it the moment the rent bounces.

"To be brutally honest, the best lodgers are smart, sorted, self-motivated, hard-working, successful people with good social lives. Believe me, you will regret taking pity on anyone who has just left their spouse or lost their job, because the chances are that they will mope all over you for a couple of months and then move on.

http://property.timesonline.co.uk/tol/life_and_style/property/investment/article611796.ece


http://www.lawpack.co.uk/Knowledge/Property/LandlordAndTenancy/article1745.asp

Jowo_2

blued wrote: »

I think my course of action tonight will be to give her the letter that confirms she lives there. I dont think any harm can come from that, it could be for something like a library card and has nothing about the amount of rent paid which would be needed for LHA.

Trust your instincts - as you appear not to have performed any kind of screening on her, such as a credit check or previous landlord references, you have no idea of the type of person you are dealing with. Apologies if my natural cynicism infects this thread when it should not but my pal who was ripped off also didn't do these basic things - at the same time she was being given cupcakes by her lodger, her lodger was claiming for credit in fake names and switching jobs to throw off an attachment of earnings that a creditor arranged through the courts. You don't even know if her claim to have come back from overseas is a fib to cover up a previous eviction, do you?

A letter from you would not be required for her to join the local library. Like opening a bank account, a bank or credit card statement, a drivers licence, passport and the usual proof of ID and address should suffice. Alarm bells should ring if her statements and driving licence do not link her to your address.

Clearly, she intends to claim LHA which she will receive from the council directly. .. Your local council website will explain how tenants/lodgers apply for LHA and the evidence required. I don't believe it can be backdated, either, but am willing to stand corrected on that.

blued

I didnt realise that the letter would be enough for the LHA. I take it they get in touch otherwise anyone could claim? I'll give her the Lodgers Application Form and ask that she completes the details and then on receipt provide a Lodgers Agreement. Not that a Lodgers Agreement (or her letter) could be used as ID for a bank account anyway so it must be for LHA benefits.

I'll make the notice period 2 weeks. I took a 2 week deposit so this would cover any unpaid rent.

We're going away for a month in October so I think that if she is still there at that point I'll need to give her notice before we leave regardless of what is happening. There is definitely something not quite right about her and the unnecessary lies tell me she can't be trusted. If she'd been upfront with why she needed these documents from the start I might not be having this discussion on here.

I'm in 2 minds about the travel story, she hadn't just come back, it was last year before she moved in to her previous address. She said she was living there as a sub let with another couple and the owner had decided to sell. Saying that she also told me that the lottery numbers that came up for the 2 UK winners on the euro-millions a few months ago (£90m jackpot) were her numbers and that she'd not put them on that night!

Thanks again for the invaluable advice.