Thinking of getting a lodger

PassedAtFailing

Thanks for all the comments!

I think I'll give it a shot. I do have a further single spare room which I was thinking of putting a small sofa and TV in as a living room.

Reading through threads on here there seems to be agreement templates floating around. Any chance of someone sending one my way?

Brallaqueen

Just be aware that if there is any evidence that the lodger has exclusive occupation of any rooms, it could lead to trouble. If you do gift them with a small lounge for thier use, make it clear in the contract it is not exclusive and you will be going in to clean it regularly. Also, I'd avoid putting locks on the bedroom doors.

princeofpounds

Just be aware that if there is any evidence that the lodger has exclusive occupation of any rooms, it could lead to trouble. If you do gift them with a small lounge for thier use, make it clear in the contract it is not exclusive and you will be going in to clean it regularly. Also, I'd avoid putting locks on the bedroom doors.

Whilst I think caution is a good policy, in the interests of not over-worrying the OP I will point out that this is unlikely to be a problem unless you also do not share washing or cooking facilities. But yes, they should never be given exclusive occupation (legally speaking).

I second the point about being very clear upfront about the 'ground rules'.

BitterAndTwisted

I think there may be a template for a lodger's agreement on the LandlordZone website. I do know that Badger_Lady uses one and might be persuaded to give you a copy if you send her a personal message and ask nicely.

Quite honestly, having a lodger isn't that complicated legally. You just need to ensure, as Brallaqueen has said, that you don't give them exclusive occupation of any parts of the house that's not their bedroom, as that could suddenly turn them into a tenant, and tenants have far more rights than a mere lodger does.

The main purpose of a lodger agreement is to make absolutely crystal-clear what you're expecting from them and what they're getting for the money they pay you. Deposit. Notice. Contribution to bills if not included in the rent. Whether there's going to be a kitty for laundry-detergent and lav paper etcetera if not included in the rent. How often overnight guests are welcome if at all. That sort of thing. The most important thing to remember is that a proper lodger has absolutely no legal security of tenure, so they can be given notice any time you like. If they're doing anything illegal or threatening you in any way you could turf them out with five minutes to pack their bags. Obviously reasonable people deal with other reasonable people differently.

AFK_Matrix

BitterAndTwisted you mention that you can turf the lodger out without any notice. I have been reading the 21 days blog on the lodgerlandlord site for information as I will be taking on a lodger soon and Tessa on there says you have to give them 28 days notice? Is this just out of courtesy or is this because its in the Lodger agreement or something?

BitterAndTwisted

I don't know where that idea has come from. Got a linky to Tessa's comment for context?

Most reasonable people would expect to receive notice from their lodger and expect to have to give the same courtesy. As far as I know there is absolutely no legal requirement to give four week's notice. It could be agreed that two weeks is adequate or even a calender month.

Now, if a lodger was dong anything illegal or threatening to their landlord/landlady no notice could be given. Any rent paid in advance should be returned and their deposit also if there's no cleaning or damage to pay for. The important part is that it's the landlord's HOME, so they have absolute control over who steps over the threshold, when, who with and for how long.

AFK_Matrix

Hi Bitter,

Thanks for the info, I may have misread and thought she said you had to as though its a legal requirement. I was surprised to read it too as I thought you could turf the lodger out with no notice if you really were the LL from hell lol (I don't aim to do any turfing with no notice but its nice to know all the facts!!)

Here is the link to the part where Tessa talks about giving notice:

http://www.lodgerlandlord.co.uk/2010/02/19/day-19-how-should-you-deal-with-problem-lodgers/

Its the Stage 4 part where she mentions the 28days notice.

G_M

I'm surprised to read the lodgerlandlord advice that 28 days notice is required.

I would love to know what that is based on - no statute that I can think of, or common law, but I'm happy to be corrected.

From http://lodgers.com/evicting-a-lodger.html:
If you don't have a contract then you need to give your lodger 'reasonable notice'. This doesn't need to be the 28 days which is standard for many tenancy agreements but should give them a chance to find somewhere else.

From landlordzone
You have much more control over the situation with a lodger than you do with full tenants. This is because Lodgers occupy your home on licence, and they do not have security of tenure - unlike tenants. Lodgers cannot call the place their own, therefore they have no right to stay on if you give them notice to leave. Your lodger agreement should specify the amount of notice required

From South Kesteven Council
There are no rights for you through security of tenure if you are a lodger. In order for you to be aked to leave your landlord only has to give you reasonable notice. Ideally this should be no less than a week but this cannot be enforced.

From Shelter
If a lodger shares facilities such as the kitchen and bathroom with the landlord, s/he will be an excluded occupier. Excluded occupiers have very few rights. The landlord will only have to give reasonable notice, which could be a very short amount of time, in order to evict them.

Brallaqueen

Tessa does state 28 days notice as a standard period, if there is only a minor reason for asking them to leave. She goes on to say that in cases of violence of illegal behaviour, 'a shorter period may be appropriate'.

Anecdata - I have 1 week notice either side as part of my lodger agreement, but I also have local landlords details to pass on as a place to start, to mitigate the short period. I also have a 'illegal or aggressive behaviour' clause for 24 hour eviction.

katejo

PassedAtFailing wrote: »

Thanks for all the comments!

I think I'll give it a shot. I do have a further single spare room which I was thinking of putting a small sofa and TV in as a living room.

Reading through threads on here there seems to be agreement templates floating around. Any chance of someone sending one my way?

Bear in mind that if you provide a tv, the lodger will have to have his/her own licence taken out in their own name (unless he/she is related to you).

I have had a lodger since Sept 2008. I had some hiccups to start with but my current one has been with me for 15 months. If you use the rent a room scheme, you can take up to £4250 per tax year without completing a tax return but you must remember to tell the council to cancel your single person discount (unless the lodger is a student or is paying council tax on a main residence elsewhere eg. a Mon to Fri lodger). In effect you only gain the £ 4250 minus the extra council tax)