Lodger agreement - fixed term

DailyClicker

Hi,

I've drafted up a lodger agreement with the help of some online resources.

I have specified the term from 01/07/2017 until 30/06/2018 (12 months) but wanted to get some opinions and clarity on the following clause:

10.1 Either party may end this agreement early by providing to the other [NUMBER] of weeks’ notice, to expire at any time. Any termination of this agreement shall be without prejudice to the accrued rights of the parties. [If not so terminated before the end of the Term, the agreement shall terminate at the end of the Term.]

Is it possible to "commit" a lodger to the full term (12 months), rather than giving them the option to end the agreement early.

Thanks,

lee111s

Don't put it as a 12 month term. There's no point if it can be ended by either party anyway.

DailyClicker

lee111s wrote: »

Don't put it as a 12 month term. There's no point if it can be ended by either party anyway.

Thanks, so there is no way to prevent the lodger from ending the agreement early?

G_M

You're mad.

Sorry to sound harsh, but I would never commit myself, in my own home, to sharing with a lodger for any extended period (let alone 12 months!).

A stranger? What if you hate them and their habits?
A friend? Living with a friend can easily turn to a non-friend.

Draw up a periodic licence (weekly or monthly) with a 1 months notice clause, either way at any time. Though personally I'd make it a week's notice!

If things work out, the lodger will still be there in 12 months.

If things don't work out, you can end it easily and fast and try again.

G_M

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

The Housing Act 1988 provides definitions of 'Resident Landlord' & 'same property' (S31 & Schedule 1 (10).

See:

LodgerLandlord (21 tips from solicitor Tessa Shepperson + General information site)

Landlordzone (Various articles on taking in lodgers)

Renting out rooms in your home (Government info)

Rent a Room Scheme (HMRC guide for tax-free income from lodgers)

saajan_12

DailyClicker wrote: »

Is it possible to "commit" a lodger to the full term (12 months), rather than giving them the option to end the agreement early.

To answer your question, yes you can draft the agreement minus that clause, and specify say a 12 month term without any notice clause before the end of the 12 months to commit both parties to a minimum 12 months. Ofcourse you can't force them to stay but you could sue for outstanding rent for the 12 months if they stop paying.

However I agree with the other posters that you'd be mad to commit to living with someone for 12 months.. what if things go wrong/you fall out / they bring in an undesirable partner / etc etc. Keep it to a short notice period, so if anything happens you can move on and get someone new in.

itchyfeet123

DailyClicker wrote: »

Thanks, so there is no way to prevent the lodger from ending the agreement early?

Do you really want to share living space with someone who doesn't want to be there?

DailyClicker

Thanks to everyone for sharing all that information!

The reason I'm asking is I'll be a "live-in" landlord when going back to university. I understand the concerns regarding committing to living with someone for that period of time, however if they left half way through the year, it would result in a large void period.

hazyjo

DailyClicker wrote: »

Thanks to everyone for sharing all that information!

The reason I'm asking is I'll be a "live-in" landlord when going back to university. I understand the concerns regarding committing to living with someone for that period of time, however if they left half way through the year, it would result in a large void period.

So they'll be living there on their own for considerable periods?


Do you own this property, or are you a tenant?

DailyClicker

hazyjo wrote: »

So they'll be living there on their own for considerable periods?


Do you own this property, or are you a tenant?

Nope, it'll be my full time residence too. In the first year, I'll be a tenant (with permission of owner to have lodgers), and second year hopefully I'll be a home owner.

Marvel1

DailyClicker wrote: »

Hi,

Is it possible to "commit" a lodger to the full term (12 months), rather than giving them the option to end the agreement early.

Thanks,

I assume you want the same in yourself not having the option to end the agreement early also.