Friend flat-sitting over summer: do I need a tenancyt agreement?

Loopylou82

I have a friend who is flat-sitting for me for 3 months over the summer.

I am charging her the amount needed to cover my bills. It suddenly occurred to me - do I need to do some sort of tenancy agreement?

It feels a bit awkward as she is a friend (not a close friend though). Advice appreciated!

securityman

The right way to do it is with a short-hold tenancy agreement, but they have a min of 6 months.
Maybe a holiday let would do.
But i would not use the word's tenancy agreement and friend together.
If it was a friend looking after my house i would not need anything.
If it was not a friend i would.
Thats how i see my friends.

DRP

Loopylou82 wrote: »

I have a friend who is flat-sitting for me for 3 months over the summer.

I am charging her the amount needed to cover my bills. It suddenly occurred to me - do I need to do some sort of tenancy agreement?

It feels a bit awkward as she is a friend (not a close friend though). Advice appreciated!

nb. I'm not an expert.

If you are charging them a regular 'rent' (even if it just covers bills) then i suppose the friend could argue that you have a de facto tenancy agreement - even without a contract.

If you still pay bills, council tax in your name and a load of your stuff is still there then it could be argued that you are still resident and therefore your friend is a lodger - ie. a lot less rights and you can boot them out at any time with 'reasonable' notice.

however it all depends how much you trust this person - e.g. what if they changed the locks while you were away? it might look even more like a tenancy in that case

Werdnal

securityman wrote: »

The right way to do it is with a short-hold tenancy agreement, but they have a min of 6 months.
Maybe a holiday let would do.

Not quite true - a tenancy agreement can be any fixed term, or not have a fixed term at all and be a month-to-month or periodic agreement from the start. However, the 6 month rule is that you cannot evict a tenant within 6 months of the start of the tenancy.

OP, does your "friend" have a permanent residence elsewhere? Are you going to be living somewhere else?

You can issue them a tenancy agreement, but you will also have to abide by all the other LL legislation and rules and regs - gas safety cert, permission from your lender, change of insurance, declaring your rent to HMRC.

I am not sure that a formal tenancy is the way to go, but you should still get something drawn up covering the terms of the "house-sit" arrangement. Where will you be whilst the friend is there - are you going abroad? This can also complicate matters!

G_M

securityman wrote: »

The right way to do it is with a short-hold tenancy agreement, but they have a min of 6 months.

There is nothing stopping you creating a 3 month AST. Or 1 month.

securityman is confusing the valid length of an AST with a landlord's right to possession.

A LL cannot seek possession for 6 months, whatever the AST length, but if it is a 3 month AST then the tenant can simply leave (as usual) at the endof the 3 months. Itonly becomes an issue if the tenant refuses to leave after 3months.

Having said that, you could define your friend as a guest (Excluded Occupier) provided no rent changes hands.

I believe, (but am not sure!) that an agreement between friends for contribution to daily expenses (replacing washing up liquid, electricity etc)would not berent,but interestedto hear others' views.

Furthermore, if the property remains your main/only residence(ie you are away on holiday rather than living elsewherein the UK; your stuff is still there; you remain on the council tax bill/electoral register) then the friend is living with you (lodger not tenant).

Nonetheless, wise to get a gas safety certificate etc for peace ofmind.

Strapped

I'd say they were a lodger not a tenant. Esp if they move in before you leave (might be safer to make sure a bit of overlap). If you're not officially living elsewhere, then it's still your place of abode, whether or not you're physically there.

DominicJ_2

Rent a Room scheme and Lodger seems to tick all the boxes.

Loopylou82

Thanks all for your comments. I do trust this friend, and I know she won't screw me over with changing locks etc!

I've actually booked a man to come over tomorrow to do a boiler service/gas safety check so that's all good.

I guess my main worry would be if an accident (e.g fire) were to occur when I was away would this be covered under insurance if I wasn't the one that caused it. I guess this comes under contents insurance though rather than a tenancy agreement....

This will be my main residence still - I am backpacking for 3 months, most of which will be in UK visiting family, although will be abroad for maybe a month. I have put personal belongings (clothes, bits and pieces) in my upstairs neighbour's loft, although I do still have stuff in the flat which my friend is happy to have there (books, photo albums, nick nacks). All of the bills will be coming from my account, and she will be paying me every 2 weeks.

I'm still a bit confused about if I need to do anything. I have emails, etc, discussing these arrangements, so if she were to be a closet psycho then I'd at least have evidence!!! I am confident she's not though and I can trust her.