advice on renting spare room in my flat

G_M

Mojisola wrote: »

Most lodgers are reasonable but, if you want to avoid problems, start with a written agreement, not just a chat.

.... and include'house rules'

* access to the room/bathroom only? kitchen? whole house?
* cleaning? whodoeswhat?
* kitchen- shared stuff or totally separate?
* costs of shared sundries - loo roll, soap, washing up liquid, kitchen staples?
* noise
* visitors allowed? Day/evenings? overnight? how often? (beware the girl/boyfriend who 'moves in')
* notice period required (keep it short!)

the more you clarify upfront, the less risk of arguement/resentment later.

See also:

LODGERS (Licencees/Excluded Occupiers)
A lodger (broadly) lives in the same property with their resident landlord, and shares facilities. Unlike tenants, lodgers have few rights.

The Housing Act 1988 provides definitions of 'Resident Landlord' and 'same property'.

There is advice for landlords considering taking in lodgers here:

LodgerLandlord (General information site)

Landlordzone (General advice on taking in lodgers)

Renting out rooms in your home (Government info)

Rent a Room Scheme (Government scheme for tax-free income from lodgers)

Guest101

As G_M says whatever notice period u agree, make it at most two weeks, I'd stick with one. Better to be abit short of cash then stuck with someone u can't stand

thequant

Guest101 wrote: »

As G_M says whatever notice period u agree, make it at most two weeks, I'd stick with one. Better to be abit short of cash then stuck with someone u can't stand

I'd avoid trying to create any fixed term tenancy agreements, I.e. 3 months, 6 months etc.


In all likelihood they will be unenforceable, in some circumstances they can become enforceable and that's not a situation you want to be in.


Worst case scenario is you have an agreement which is enforceable, you realise you have an axe murderer living with you and you need them out ASAP.


You call the police, the lodger then starts waving a "tenancy" agreement about. The police will walk away after saying "Civil matter not our business"

asoe209

yeah the time period is just for me in my head, that sort of time seem long enough to get finances in order.

wow so you can really get rid of some one as quick as that one week lol.

thequant

asoe209 wrote: »

wow so you can really get rid of some one as quick as that one week lol.

No you can't, you need to give reasonable notice. reasonable notice is unofficially 4 weeks. However the reasonable notice period can be reduced due to unreasonable behaviour.


In an extreme case, say your lodger was threatening physical violence you could reduce that period to nothing and have that person removed by the police (hence why not to give them paperwork that says otherwise!)

asoe209

right so as long as its documented that should all be ok.

I dont think things should come to that but i guess its best to know.

if any one has ever done this before what was it like sharing a living room. I have only ever lived at my parents and with my ex so to have some one new come in and share living spaces some how feels funny.

and of course chaining how you live, im that guy who blast music out when getting ready for a night out, or kicks back in front of the ps3 on them dull days.

thequant

asoe209 wrote: »

right so as long as its documented that should all be ok.

Not quite, you cant document someones rights into or out of existence


The general principle is that you have right to choose who lives and how long for in your home.


However this has to be balanced by the fact that your lodger should not end up homeless on the streets through no fault of their own because of the whims of a landlord.


Hence why there has to be reasonable notice and why there is no hard and fast definition to this timescale and it can vary due to circumstances.


Due to the short timescales these situations play out, an eviction if it comes to that will be dealt by the police and not the courts.


They will ultimately make a judgment call of what is reasonable.


You want the lodger out in a week, the relationship with the lodger is reasonable. After a week the lodger refuses to leave and the police are called, their response ? "sorry but a week is not enough time for someone to find somewhere"


You call them after a month, they will tell the lodger "you've had more than enough time you need to leave"


You call them after a day because the lodger has threatened to kill you, they tell the lodger "you need to leave now"


An agreement might make clear the duties of one party to another and reduce the scope for disputes later. However the principle of reasonableness has to prevail.


Ultimately it will be the police who will have to make this call in the worse case scenario, and they will do this by balancing your rights as a homeowner against that of your lodger being made homeless without sufficient warning.

G_M

I agree with thequant above, but would add that contract law, whilst not over-riding rights claimed under Common Law and elsewhere (eg the 'reasonable test' described) , can supplement it.

In the examples given, the police might also look at the contract and say "well, you signed a contract saying 1 weeks notice on either side so you knew this might happen. You had the option to give the LL one weeks notice and then leave owing no rent therefore it is reasonable for the LL to give one weeks notice'.

But the important point here is not to put a long notice period in the contract. Or worse still, a fixed term (eg 6 months). That contractual agreement really would put you in a sticky position if the lodger turns out to be a nightmare to live with......

asoe209

fair play, I would go with 4 weeks any way. and if i knew it was on the cards I would prob say uniformly this may be on the cards. if i was me i would not like to be in that situation.

Guest101

thequant wrote: »

I'd avoid trying to create any fixed term tenancy agreements, I.e. 3 months, 6 months etc.


In all likelihood they will be unenforceable, in some circumstances they can become enforceable and that's not a situation you want to be in.


Worst case scenario is you have an agreement which is enforceable, you realise you have an axe murderer living with you and you need them out ASAP.


You call the police, the lodger then starts waving a "tenancy" agreement about. The police will walk away after saying "Civil matter not our business"

Agreed, contracts take precedence as statute with licenced occupiers is so limited. So a solid lodgers agreement is best. 2 weeks notice is the most I'd ever offer.

Be careful though, terms which are unenforceable, are usually because of statute. As such, with lodgers, statute is limited and a 3 month notice may be valid