Advice on subletting/ getting a lodger in a house owned by a friend

fifilamore

I currently live in a house with my friend that they own. As it is a friend I do not have a contract, but I pay them rent. My friend is now moving out into another property with their partner, and I am going to stay in the property my friend owns and look to get someone to move into the flat – can anyone advise what would need to happen in terms of contracts and deposit. My friend the owner of the property would prefer it if I just deal with everything . As it will probably be a stranger that is moving into the property I want to ensure everything is covered and protected.

sydenhambased

Before you start looking for somebody else:

Does your friend have a mortgage? If so, she needs Consent To Let from her lender. Everything else is irrelevant at this point!

If she does, you and your friend should draw up Assured Shorthold Tenancy agreements. These are fairly standard contracts, and you can buy templates from the Post Office or online, BUT they're (I think) a necessary evil.

Pixie5740

When your friend moves out your status will change from lodger to tenant. That will give you more rights than you currently have such as requiring your deposit to be protected by law.

As a tenant you can take in a lodger rather than starting a joint tenancy with someone. Lodgers have few rights so if it doesn't work out then it's relatively easy to get rid of a lodger and get a new one. Under the rent-a-room scheme you can earn up to £4250 from taking in a lodger tax free.

fairy_lights

I think your friend needs to get their head out of the sand and start dealing with this themselves. When they move out, they will become landlord to you and any other tenants who move in to the house, and will have all the responsibilities that come with being a landlord.

G_M

there are 2 issues:

1) you become a tenant, not a lodger, since your landlord no longer lives with you.

There is no legal requirement for a written agreement (though your friend would be mad not to have one). Similarly, he does not need to take a deposit from you, or do an inventory (again - mad if he does not, but that is his problem, not yours.)

There are various other obligations on him, as a landlord, whch are legally required.

Refer him to this post:

New Landlords (information for new or prospective landlords)

2) your lodger
Since you (as landlord) will be living there, whoever you choose to move in will be your lodger. You can have a written lodger agreement if you wish (advisable) or simply agree rent verbally. Notice period (either way) is whatever you agree (again, best written) but I advise short - eg 1 week. You don't want to be living with someone who turns out to be a nightmare.

Clear 'house rules' are advisabl to avoid conflict later. Again, if written, it avoids argument.

There is advice for lodger agreements in the link above for you.

The alternative would be for your friend to create a joint tenany in the joint names of you and the new person. That person will then be a tenant (more rights) just like you.