UK Contract - Unpaid Lodger - Family Member Moving In

shrub100

Hi,

My father-in-law has hit upon hard times and will likely be moving in with us (he has exhausted all council options - including Council Charities - and has been defined as voluntarily homeless). Owing to the nature of the issues that have led him into this situation I want to create a formal agreement about the terms of his unpaid stay at our property. This is for two reasons: 1. to make it clear to him what his obligations are to us 2. to protect my wife and I legally.

I am therefore wondering how I set this up for success and avoid him accidentally claiming tenancy. From my research the agreement will make clear that no rent, bills or other provision of service or cost will be provided to us for his stay. I also want to make clear the notice period to remove him from the property with varying timescales for things like:

• Violence
• Drug use
• Alcohol
• Maximum duration (to ensure he is clear about the time in which is has to find alternative accommodation)

I also want to include conditions about for how long we will store his belongings with a mandated reduction in his belongings at specific time/date based stage gates

Questions:

1. What else should I include in the document?
2. What do I call the document?
3. What is the appropriate term for an unpaid long term guest (!!!!!!!!!! seems inappropriate but apt :doh: )
4. What else should I include?
5. Are there any other things I need to avoid to ensure this agreement does not accidentally give him rights that would otherwise not be afforded to him if the document were not to exist?

Thank you all for your help :-)

PS - we are already involved with local social services, citizens advice bureau and housing lawyer etc to try and resolve his situation.

Guest101

shrub100 wrote: »

Hi,

My father-in-law has hit upon hard times and will likely be moving in with us (he has exhausted all council options - including Council Charities - and has been defined as voluntarily homeless). Owing to the nature of the issues that have led him into this situation I want to create a formal agreement about the terms of his unpaid stay at our property. This is for two reasons: 1. to make it clear to him what his obligations are to us - great idea 2. to protect my wife and I legally. - not necessary. In the eyes of the law you either are or are not liable, a contract cannot change this

I am therefore wondering how I set this up for success and avoid him accidentally claiming tenancy. - He cannot claim a tenancy as you live there From my research the agreement will make clear that no rent, bills or other provision of service or cost will be provided to us for his stay. I also want to make clear the notice period to remove him from the property with varying timescales for things like:

• Violence - no notice
• Drug use - no notice
• Alcohol - up to you
• Maximum duration (to ensure he is clear about the time in which is has to find alternative accommodation) - irrelevant

I also want to include conditions about for how long we will store his belongings with a mandated reduction in his belongings at specific time/date based stage gates - no idea what that means

Questions:

1. What else should I include in the document? - names and dates
2. What do I call the document? - whatever you like
3. What is the appropriate term for an unpaid long term guest (!!!!!!!!!! seems inappropriate but apt :doh: ) - guest
4. What else should I include? - address
5. Are there any other things I need to avoid to ensure this agreement does not accidentally give him rights that would otherwise not be afforded to him if the document were not to exist? - he will never have those rights

Thank you all for your help :-)

PS - we are already involved with local social services, citizens advice bureau and housing lawyer etc to try and resolve his situation.

A simple document is best, don't try to use legalese if you don't understand it

theartfullodger

shrub100 wrote: »

Hi,

My father-in-law has hit upon hard times and will likely be moving in with us (he has exhausted all council options - including Council Charities - and has been defined as voluntarily homeless). ...

Probably not "voluntarily" but "intentionally homeless" - see
http://england.shelter.org.uk/get_advice/homelessness/help_from_the_council_when_homeless/intentional_homelessness

...

....Owing to the nature of the issues that have led him into this situation I want to create a formal agreement about the terms of his unpaid stay at our property. This is for two reasons: 1. to make it clear to him what his obligations are to us 2. to protect my wife and I legally.

I am therefore wondering how I set this up for success and avoid him accidentally claiming tenancy. From my research the agreement will make clear that no rent, bills or other provision of service or cost will be provided to us for his stay. I also want to make clear the notice period to remove him from the property with varying timescales for things like:

• Violence
• Drug use
• Alcohol
• Maximum duration (to ensure he is clear about the time in which is has to find alternative accommodation)

I also want to include conditions about for how long we will store his belongings with a mandated reduction in his belongings at specific time/date based stage gates

Questions:

1. What else should I include in the document?
2. What do I call the document?
3. What is the appropriate term for an unpaid long term guest (!!!!!!!!!! seems inappropriate but apt :doh: )
4. What else should I include?
5. Are there any other things I need to avoid to ensure this agreement does not accidentally give him rights that would otherwise not be afforded to him if the document were not to exist?

Thank you all for your help :-)

PS - we are already involved with local social services, citizens advice bureau and housing lawyer etc to try and resolve his situation.

I don't wish to be rude but given the issues you raise he sounds like a nightmare: I'd be inclined 1st to pay for him to be a lodger anywhere else for a month or two&, if no complaints or issues, then offer him accommodation.

And pay (couple of months) for his goods to be stored at some commercial storage site, in his name, so after that it's his problem, not yours.

As regards any agreement, you might be better off without one at all, to avoid unintentionally granting rights. As a relative staying you can give him notice to leave on very short notice, then change the locks.

Hope things improve.

Cheeky_Monkey

I can't decide who I feel most sorry for - you and your wife or your father-in-law!

If he is so bad that you feel you need to go to such extraordinary lengths to 'protect yourselves' from him, are you absolutely sure that you should have him living with you at all?

Actually, I've decided - I feel most sorry for your wife!

Pixie5740

If he's living there rent free doesn't that make him a guest rather than a lodger? Hand him a set of house rules and if he breaks the rules tell him to leave. Setting timescales and creating a contract is only going to bite you in the bum further down the line by giving your guest rights when he doesn't need to have any.

silvercar

I can see this ending in tears.

You are already wary that his problems will impact on your family life. Even with the best of intentions you are likely to need to evict him at some point. Better to offer him some emotional or financial support to live elsewhere than take him into your home.

teddysmum

This is very unlikely to work out well.


The council will not house him and private landlords will expect good references, so where will he be able to move to ?


If you intend to have children, he does not sound like the sort of person you would want near them and you may you decide, sooner than later, that you cannot put up with his habits any longer (even living with a well behaved relative, with whom you get on well can be stressful), so what happens if he causes trouble about being moved on? (He doesn't sound as though he would have the funds to pay for any damage).


Also, as he will be living with you, he will go even further down any accommodation list for which he is considered, so even less inclined to move on.


Are you really willing to risk your home and relationship to help someone who doesn't seem to appreciate help ?

G_M

Forget trying to write a legal document defining or limiting his rights. You are likely to end up giving him rights by virtue a wrong word in the contract.

Make him a guest and give him a set of 'house rules'. The rules can make clear that if any are broken he will be told to leave immediately.

Don't try to distinguish between different acts leading to different notice periods - you'll tie yourself in legal knots (alcohol? what one glass of wine at dinner?). In fact forget notice periods: simply 'told to leave immdeiately'. You can always choose to be more lenient if/when the time comes if you wish.

Similarly storage. Be aware that if he leaves belongings behind you have a legal duty of care - you cannot limit this by saying eg they'll be destroyed after 5 days. Read up on this. eg

http://www.landlordzone.co.uk/content/abandoned-possessions

http://www.landlordlawblog.co.uk/2010/04/27/landlord-rights-over-tenants-possessions/

TBagpuss

If he isn't going to be paying any kind of rent he is a hosue guest, not a lodger or tenant.

I agree with G_M that some house-rules are the best bet. Sit him down BEFORE letting him in the house and tell him that the house rules are non-negotiable and any breach will mean that his visit ends then and there.
House rules could be
- NO violence or threat of violence (and be clear to him that you, not he, get to
- NO drugs (and make clear that this means that if he is, or appears to be, under the influence of drugs at any time, or if you have reason to believe he has used, or that he has given your address or phone number to a dealer, the visit ends immediately)
- NO alcohol (again, I'd suggest that the rule itself is as simple as that, but that you make clear to him what that means - e.g. that you will consider he has broken that rule if he drinks at all, or if he is or seems to be under the influence of alcohol, or if he has alcohol in his possession)

And have a direct conversation with him where you say something like "We're prepared for you to visit for a short time while you make alternative arrangements. You will need to have made alternative arrangements by [date] at the latest. While you are out guest, you need to keep to our house rules, and those are not up for discussion"

Belongings are trickier. I'd suggest that you help him find a storage unit. Make sure that the contract is in his name, not yours, even f you are giving / lending him the money for the unit for the initial period. That way, if he doesn't pay the bill or remove his items it will be a matter between him and the storage company, and won't involve you at all. (and when he leaves you can give him the option of taking any personal belongings with him then, or taking his stuff to the storage unit for him)

shrub100

Thanks all - great advice that I will heed.

This already isnt a good situation and we are absolutely caught in the middle. His behaviour towards others - not us, has landed him where he is (attitude, violence and cannabis addiction) so I am already sceptical as to how this will end up. My wife is in the worst position, she cannot see him homeless, yet she also is not willing to accept his drug dependence or any extreme aggression or violence around either us or our daughter!

I know that this is already a bad idea and have made my feelings abundantly clear to my wife, but I am only 50% of the decision making and I am willing to put personal viewpoints aside to support her within the confines of our house rules. At least if we make the offer, and the rules are broken both my wife and I can say that we tried and gave him the last and final opportunity.

Thank you all again, this is very useful....wish us luck!

G_M

Let us know how it turns out.