Lodger Agreement - Sole Use

kjarvo

I am writing a lodger agreement in preparation for taking a lodger at the weekend. My mortgage said it was fine as long as they didn't have a tenancy agreement.

Everywhere I look it says to make sure the lodger doesn't have exclusive rights to their room, i.e. make sure they don't have a lock and say that you can enter at any time. Obviously, I won't do this, but I don't want it to affect my mortgage or have an issue where I have to go to court.

All of the lodger agreements I look at say something along the lines of 'The Accommodation: [describe the accommodation of which the lodger will have sole use]' which technically they shouldn't have.

How can I word it so I can enter at any time, so to keep it as a lodger agreement rather than tenancy?

The lodger agreement for instance from Shelter Scotland says '12. Access to the Lodger’s room
The Landlord agrees not to access the Lodger’s room without prior consent with at least 24 hours notice, unless in the case of an emergency'

Should I just omit this? Or say the landlord is able to access the room for cleaning.

Thank You

G_M

Just delete the clause(s) you don't want.

To my mind, a lodger agreement should be extremely simple:
* lodger name
* landlord name
* address
* rent (ideally weekly)
* notice period (1 week)

I would then have a separate list of 'house rules'. eg
* guests? Overnight guests?
* cleaning
* shared costs
* smoking
* use of other rooms eg living room (yes/no)
* whatever else

That way you and lodger know whats acceptable and what isn't. If things go sour, and talking does not resolve the problem, you just rely on the 1 week notice and find another lodger.

Note: if this is Scotland I don't know the law so things may be different there.

saajan_12

kjarvo wrote: »

I am writing a lodger agreement in preparation for taking a lodger at the weekend. My mortgage said it was fine as long as they didn't have a tenancy agreement.

Everywhere I look it says to make sure the lodger doesn't have exclusive rights to their room, i.e. make sure they don't have a lock and say that you can enter at any time. Obviously, I won't do this, but I don't want it to affect my mortgage or have an issue where I have to go to court.

All of the lodger agreements I look at say something along the lines of 'The Accommodation: [describe the accommodation of which the lodger will have sole use]' which technically they shouldn't have.

How can I word it so I can enter at any time, so to keep it as a lodger agreement rather than tenancy?

The lodger agreement for instance from Shelter Scotland says '12. Access to the Lodger’s room
The Landlord agrees not to access the Lodger’s room without prior consent with at least 24 hours notice, unless in the case of an emergency'

Should I just omit this? Or say the landlord is able to access the room for cleaning.

Thank You

Mine just says "Lodger has full use of (but not exclusive possession of) the allocated room and bathroom. Lodger has access to living room, dining area and kitchen.". Later, it says Lodger is responsible for cleaning the allocated room and bathroom.

I would omit any mention of LL's access to the room (cleaning / notice required etc)

kjarvo

Thanks!

I think 'Mine just says "Lodger has full use of (but not exclusive possession of) the allocated room and bathroom. Lodger has access to living room, dining area and kitchen.". Later, it says Lodger is responsible for cleaning the allocated room and bathroom.' is simple but says exactly what it needs to.

I will make a separate list of house rules.