Having a lodger who is a boyfriend - how does it work?

papermoney

My sister is in the process of buying her first home. She was planning on renting out 2 bedrooms. However, from talking to her I think she will just rent one of the bedrooms out to her boyfriend.

How does she protect herself in the future against any claims he might have on the house should they split up (they've been together 4 months)?

Is there some sort of agreement (lodger) or is going to a solicitors to get an agreement made up a better way? (Is there a difference?).

My parents are very concerned about the situation - as my sister often goes into things with both feet and doesn't think things through.

I've only ever rented a property out under a tenancy agreement so im not sure on how a lodger agreement works.

Thanks

Browntoa

only one thing to say

sonastin

She should get a solicitor to draw up an agreement to protect her interests. A normal lodger agreement can fall apart if it turns out they were a co-habiting couple. She needs to make sure that what he pays is clearly rent + share of bills and can't be interpreted as being anything else (e.g. contribution to mortgage, home improvement, etc).

Getting a solicitor's help is the best way to cover her a$$

Jackinbox99

Doesnt make any difference really if he is a lodger or a live in boyfriend. Unless things have changed recently, he will not be entitled to anything, unless he is paying half the mortgage and can prove that he is. If he is paying half the mortgage then he could possibly be entitled to a % of the increase in value of the property for the time he has lived there, based upon the amount he is paying towards the mortgage.

But, these things are very difficult to prove and your sister can just say the money he`s paying is towards the living costs like gas / electric / food etc.

I had a GF live with me for 5 years in my house. We agreed on a monthly amount she would pay towards living in my house. She was happy as she was saving about £200 a month over what she was previously paying to rent a flat. Over 5 years she obviously saved a small fortune up. I paid for the mortgage, house renovations, upkeep and bills. When we split up, she was bitter and went to solicitors to try and get part of my house. The outcome was she was entitled to nothing.

If your worried you can speak to a solicitor about it all.

BitterAndTwisted

Your sister could be on the cusp of making a very poor decision indeed. Even if said boyfriend did sign a lodger agreement it could be interpreted later that they were a co-habiting couple and therefore he might have a claim on any increase in value of the property if and when they split up.

To be on the safe-side I'd only accept payment for half of the utility and food bills and not accept a single penny which could later be interpreted as rent and/or a contribution to the mortgage or upkeep of the property. She should also ensure that all bills are in her own name only. No shared liabilities whatsoever

sleepless_saver

She's not in Scotland, is she? The law there is different and boyfriend could apply for occupancy rights which would make him very difficult to get rid of if the relationship broke down. That could create a problem for selling the property or enforcing rent payments.

newbie1184

I have owned my house for a year now and about 5 months ago my boyfriend moved in with me.
I was concerned about the issue also and looked up on the issue too because if they are paying towards the house then if anything did happen down the line what would he be entitled too.
I know it sounds bad in a way towards my boyfriend, i do love him very much and hopefully in years to come the situation will be different and we would buy together.
I have a signed form i have put together myself with help from the website below and we both had witnesses when signing the agreement. It is not as good as getting a solicitor involved i know, but i couldn't afford it. I also know that if the worse came to the worse this agreement may not stand up in court but is better than nothing. I am no advisor but just wanted to share my experience with the issue. Hope it may be of some help?

This website helped alot for me,
/advicenow.org.uk/living-together/

and this guide found on the website
static.advicenow.org.uk/files/livingtogether-agreements-2010-867.pdf


Sorry i can't post the links as not really wrote on the forum before
Just put http:// in front of the above

theartfullodger

Find another boyfriend...

papermoney

Thanks for all your thoughts and comments - the links are very helpful thanks

theartfulllodger - i'm not sure there will be enough room for yet another boyfriend in the house

Errata

Rent book clearly marked 'Lodger' and rent collected weekly, with no time off for good behaviour.

PasturesNew

Four months??? She doesn't even know how often he changes his underpants, if at all ... and she's considering moving him in? Bad move. Always have two Xmases before you live with somebody, you've seen them at their worst twice then.