Lodger agreement - fixed term

DailyClicker

cjdavies wrote: »

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

Exactly, unless it's due to non payment of rent / damage to property.

Can anyone suggest the best way to reword the following clause to achieve this?

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.]

ThePants999

Look, I understand that you don't want to have a void period. But there's a vast difference between contractually locking someone into renting a property you own, and contractually locking someone into living with you.

Let's say you take Joe Bloggs in, locked into a 12 month contract. A few months in, Joe's circumstances change and he wants out. You point smugly at the contract that says he has to stick around for the whole 12 months.

Situation if he's a tenant: he's very sad. He resolves not to lock himself in for 12 months in future, but this time around he realises he has no power over you and needs to make it worth your while and offers you an incentive for surrender of tenancy.

Situation if he's a lodger: he realises that he can escape the contract if he aligns your interests with his. So he eats all the food in the house. He leaves mess everywhere. He turns the stereo up to full volume... and leaves it on all night... with the speakers next to your bedroom door. He leaves you a "present" in the bathroom... "accidentally" smeared over the wall. You try to get the law involved. The law says "he's a lodger... kick him out!" Joe smiles smugly.

For the sake of your sanity, take the risk of a short void period

Cheeky_Monkey

You can put as many ridiculous clauses as you like into your lodger agreement but how exactly do you think you are going to stop a lodger from leaving before the end of the 12 months?

Guest101

Yes you can lock him / her in for 12 months.


However all he / she has to do is make life unpleasant for you. You kick them out, they sue you for breach of contract, you end up paying their costs....

ThemeOne

I can't see your plan working out. If your lodger's not happy they'll leave, and then you'll be in the unhappy position of having to chase them through the courts for the balance of the 12 months rent.

itchyfeet123

DailyClicker wrote: »

Can anyone suggest the best way to reword the following clause to achieve this?

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.]

If you want them to have to stay for 12 months, then don't put in a clause giving them the option to end the agreement.

But as others have pointed out, you'll be sharing living space with this person. If they're only staying because you're holding them hostage, they'll likely find a way to share the misery with you.