Mum in law wants a lodger

Jagraf

harrys_dad wrote: »

If you are "doing all the work and keeping all the paperwork" what is the agent doing for their money, other than allowing your mum's "lodger" to actually be a "tenant"?

B***** all oh, they are taking the rent from the lodger, keeping a percentage, and putting the rest in my MIL bank account.

ViolaLass

Out of interest, is the lodger providing the company etc that your MIL had hoped for?

Jagraf

ViolaLass wrote: »

Out of interest, is the lodger providing the company etc that your MIL had hoped for?

Initial stages at the moment, as its all very new and its busy, but yes she is enjoying it having someone else coming and going.

My MIL is quite a minimalist who doesn't like clutter and had previously virtually emptied her rooms and now there is stuff everywhere, so not sure how that will go.

She actually does have lots of company so not sure how it will affect 'visitors'. But the lodger seems nice.

AFK_Matrix

Have you signed any kind of contract with the agent? If not stop using them as there doing f all and getting paid for it!! If you have done all the leg work with the paperwork then you don't need an agent. And it sounds like the agent has no clue about lodgers which doesn't suprise me as anyone can setup as an agent there is no course or anything they have to go on, I could setup as one tomorrow (although I would have at least a good idea what I am doing).

As said have a really good read through of the contract that has be signed as you DO NOT need an AST contract, just an agreement. And in this agreement as it states in my one I have just drawn up with my new lodger I will have access to their room but will inform them before I enter. Also they should not be allowed to put a lock on their door as this then leans more towards being a tenant than a lodger, you have to be careful as you could have all sorts of problems when you want to get rid of the lodger.

Glad you mum is happy with the lodger though at least, hopefully it continues

Jagraf

AFK_Matrix wrote: »

Have you signed any kind of contract with the agent? If not stop using them as there doing f all and getting paid for it!! If you have done all the leg work with the paperwork then you don't need an agent. And it sounds like the agent has no clue about lodgers which doesn't suprise me as anyone can setup as an agent there is no course or anything they have to go on, I could setup as one tomorrow (although I would have at least a good idea what I am doing).

As said have a really good read through of the contract that has be signed as you DO NOT need an AST contract, just an agreement. And in this agreement as it states in my one I have just drawn up with my new lodger I will have access to their room but will inform them before I enter. Also they should not be allowed to put a lock on their door as this then leans more towards being a tenant than a lodger, you have to be careful as you could have all sorts of problems when you want to get rid of the lodger.

Glad you mum is happy with the lodger though at least, hopefully it continues

Thank you, we're seeing her later so I will find out if she signed a contract. I believe they are taking a cut of her rent but I also think the lodger has paid them for chasing references that I know MIL hasn't seen. I will have a questions and answers session with her over a glass of wine (I will need the wine).

Looks like I might be popping in to see them when I have all my facts straight.

Mojisola

There's a sample lodger's agreement here -
http://england.shelter.org.uk/get_advice/sharing_and_subletting/lodgers

Jagraf

Ok, here goes.....

assured short hold tenancy agreement (title).

There is a designated room, with access to all shared parts except landlords bedroom.

The term is 3 months then month to month unless 'tenant' gives notice, or the landlord serves a notice on the tenant under Section 22 of the Housing Act yada.

Nothing specifically to staying out of the room except in the general stuff saying " the landlord agrees that the tenant may live in the designated room and shared parts without unreasonable interruption from the landlord ..."

It also states that the landlord shall hold all keys but cannot enter the room without consent of the tenant.


To me, this looks like a normal tenancy agreement with a few amendments and doesn't make sense.

Sorry posting this in a rush, thanks for your help all, any comments :)X

Ames

I wonder which came first, the desire for a lodger or speaking to the ever so helpful agency.

booksurr

Jagraf wrote: »

To me, this looks like a normal tenancy agreement with a few amendments and doesn't make sense.

it is utter rubbish and cannot stand up in court - MIL has a lodger not a tenant.

having a bit of paper headed AST does not make it an AST if the reality is there is a resident LL and a lodger. Even if you did change the wording to grant "exclusive use" of the bedroom as i said above that is a very grey area and also unlikely to stand up in court

The agency is incompetent and clearly just going through the only process it knows - issue a "contract" and charge fees for so doing. agents are not set up for handling lodgers and in this case clearly is incapable of amending its process to reflect the huge difference between lodger and tenant

issuing an "AST" contract with a 3 month period is shameful behaviour by the agent since the LL cannot start repossession proceedings until after the first 6 months so the 3 month period is of no use to the LL and therefore should never have been offered - the agency is clearly making a complete mess of trying to apply standard AST contract documents to the wrong situation, thereby rendering the whole thing invalid

AFK_Matrix

Honestly if you haven't got a contract with the agency, dump them post haste! If you do have a contract have a good read and see how you can stop the contract. Then you can pocket all the money from the lodger as it should be.

Just another thing how much is she charging again? I assume you have checked out the tax side of things in regards to the income from the lodger?