Shelter Scotland sample lodger agreement - OK to use?

letsbetfair

I'm looking to take a lodger (in Scotland). Doe Shelter Scotland's sample agreement look OK to use as a template? https://scotland.shelter.org.uk/__data/assets/file/0005/378689/Sample_Lodger_Agreement.rtf Or should I look elsewhere?

G_M

I don't know Scotish law, but it looks fine. And Shelter should be a decent source.

But the important thing with lodgers is clear groundrules to avoid disappointment or dispute later eg

* guests? how many, where, how often? Overnight?
* cleaning - who does what?
* shared consumables
* Noise
* Cooking
* smoking
* everything else that matters to you!

There are no hard rules and every arrangement is individual, but compatibility matters as does a common expectation of what living together will involve.


This is mainly for an English readership but may help:

* Lodgers: advice & links for landlords & lodgers

letsbetfair

Thanks for the reply - we have talked about house rules. Just coming back to this now as I've a couple of questions:
- can I add a clause to say rent will be reviewed annually?
- would it make sense to say bills are covered as long as gas/electric averages below £x, and we'll revisit if it rises above that?

G_M

Unless Scottish law for lodgers differs om English, you can add anything you want - including those suggestions.


Though the latter could lead to complex discusions: average over what period? Wat average? What is it now?


I'd just set the rent at a rate that allows you to cover the bills. You could include a 'no fan heaters in your bedroom without consent' rule in your house rules? If the lodger complains of cold, then allow a fan heater subject to a surcharge at that point - or just adjust you central heating.......

Owain_Moneysaver

Scottish law does differ in one critical aspect - under Scottish law lodgers are a type of tenant with common law tenancy rights and cannot be removed from the property without a court order.

From the Shelter sample agreement:

The Lodger agrees to take reasonable care of the property and the common areas by keeping their room clean and tidy

The requirement for tidiness might contravene their right to quiet enjoyment of the property - and there is no requirement for them to keep the common areas clean and tidy either!

The Lodger accepts liability for any damage caused to the Landlord’s property by them

add: or their visitors

Also add: The Lodger will be responsible for obtaining their own television licence for watching television in their room, if required because they might not be convered by your household licence in their room.

letsbetfair

Thanks for the helpful replies. Noted re TV license. Anything additional I should be aware of/worried about in the agreement?

I was unsure about point 12 on Shelter's agreement. Is this saying that, outside of emergencies, I wouldn't access the lodger's room without either 24hrs notice or their consent? Or without both of these things?

Re the clean/tidy point, would this be something that I just might not be able to enforce in court, or cause problems beyond that? Realistically, if I had to go to court about tidiness, things *really* wouldn't be working!

letsbetfair

Right - I've been reading round this more. It looks like in Scotland lodgers *do* have exclusive use of their room (unless they give permission for others to go in)?

Owain_Moneysaver

letsbetfair wrote: »

Re the clean/tidy point, would this be something that I just might not be able to enforce in court, or cause problems beyond that? Realistically, if I had to go to court about tidiness, things *really* wouldn't be working!

It might be unenforceable, but might also be used by the lodger to try to make you out to be an unreasonable and interfering landlord if it does go to court.

letsbetfair

Thanks. Good point! I'll remove the reference to 'tidy'. I could just say that they agree to take reasonable care of the property, and remove references to clean/tidy?

Am I right to think that in Scotland a lodger does have a right to exclusive access to their room?

zagubov

Not an expert in this, but I suspect they do, and if you want a cleaner to access it regularly you may have to set this up at the start.

You should check about their rights to fit a lock. You'll obviously have one on all rooms you don't want them entering.

letsbetfair

Thanks. Would insisting on cleaner access not breach a right to exclusive access anyway? (In practice, I'll have a cleaner coming in to do the house regularly and the guy who's taking the room wants to get his room cleaned - so should be a non-issue).