Shelter Scotland sample lodger agreement - OK to use?

sevenhills

This is an agreement I put together

Lodger Agreement

This is a Lodger agreement between the owner of a property, referred to as The Landlord and a Lodger.

Name and address of the landlord,

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Council tax and utilities
Council tax and utilities are included in the monthly rent

Condition of the property
The Landlord agrees to take reasonable care of the property, including insuring
and maintaining the building

Insurance
It is the Lodger’s responsibility to insure their personal belongings.

Duty to take reasonable care of the property
The Lodger agrees to take reasonable care of the property and the common areas by keeping them clean and tidy and taking reasonable steps to avoid causing damage to the property. The lodger is responsible for cleaning items used by themselves.
The Lodger accepts liability for any willfull damage caused to the Landlord’s property by them and will bear the costs of any repairs necessary as a result of such damage.

Respect for others
The Lodger must not act in an antisocial manner towards the Landlord or any visitor to the property; make excessive noise; allow any visitors to act in an antisocial manner; leave rubbish in inappropriate places; use the property for illegal purposes.

Pets
The Lodger agrees not to keep any pets without obtaining the prior written consent of the Landlord.

Lodger agreement
The term of the lodger agreement is indefinite (simply rolling from month to month or week to week, until either party ends Agreement)





Lodgers full name

Lodgers signiture




Landlords signature

letsbetfair

Thanks for the advice -- I'm just getting a final version of the agreement sorted out now. Am I right to think that lodgers in Scotland have exclusive access to their rooms (so no point including a clause about cleaner access to their room)?

G_Doggy_Jr

Owain_Moneysaver wrote: »

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.

Some Shelter pages support this, but others do not.

From Shelter Scotland's 'Eviction of common law tenants' page:

If you live with your landlord then they won't need to get a court order before they can evict you. However, your landlord will still need to give you proper notice that they want you to leave, as outlined above.

URL:
scotland.shelter.org.uk/get_advice/advice_topics/eviction/eviction_of_common_law_tenants

Retired_Mortgage_Adviser

G Doggy Jr, they haven't expanded on what "living with your landlord" means, hence the confusion.

It means sharing the home with your landlord but without any part of the accommodation that only you can access (ie without exclusive possession).

zagubov

If that site's anything to go by, i'd reiterate my earlier post about not allowing exclusive possession being really important.

theartfullodger

Note in Scotland, unlike usually in England, a lodger is a tenant - in fact a common law tenant - and if lodger does not leave when asked the only legal way to remove them is through court/FTT.
https://scotland.shelter.org.uk/get_advice/advice_topics/renting_rights/about_your_tenancy_rights/what_kind_of_tenancy_do_i_have

Artful: Landlord in Scotland & England.

paddyz

you really need to have notice times included

28 days for both is standard