Evicting Lodgers

zagubov · 15 April 2020 at 10:38AM

FreeBear said:

zagubov said: your contract needs to include, in addition to the usual ones about deposit, shared facilities, locks, noise, smoking, pets, guests and other visitors, cleaning, etc. very clear rules about notice and deadlines for rent

Indeed. The contract I use requires four weeks notice, but also includes a couple of clauses to allow for earlier termination...
Rent - If rent is in arrears after 14 days, the lodgers are in breach and required to vacate immediately.
Unauthorised use of LL property, theft, drunk & disorderly, abuse of drugs, or any other matter that may entail the involvement of the police, the LL reserves the right to terminate the agreement without notice. i.e. immediate eviction.

Can anyone remember- did someone once post a model lodger contract for forumites to customise/adapt for their own use? (I'm not taking in lodgers myself).

greatcrested · 15 April 2020 at 1:27PM

zagubov said:

FreeBear said:

zagubov said: your contract needs to include, in addition to the usual ones about deposit, shared facilities, locks, noise, smoking, pets, guests and other visitors, cleaning, etc. very clear rules about notice and deadlines for rent

Indeed. The contract I use requires four weeks notice, but also includes a couple of clauses to allow for earlier termination...
Rent - If rent is in arrears after 14 days, the lodgers are in breach and required to vacate immediately.
Unauthorised use of LL property, theft, drunk & disorderly, abuse of drugs, or any other matter that may entail the involvement of the police, the LL reserves the right to terminate the agreement without notice. i.e. immediate eviction.

Can anyone remember- did someone once post a model lodger contract for forumites to customise/adapt for their own use? (I'm not taking in lodgers myself).

Not in the last 10 years that I recall.....

Personally I'd have a very simple contract with bare details: names, date, rent, notice etc, but then have a separate document with House Rules which would be very specific to each landlord.

Provided the contractual notice period is kept short (I always recommend a week each way), there's no need for the rules to be in the contract- if they are broken and the LL wants rid of the lodger no reason is needed - just the week's notice.

The 'rules' could be oral, butof course that can lead to misunderstandings.

theartfullodger · 15 April 2020 at 1:38PM

zagubov said:

Can anyone remember- did someone once post a model lodger contract for forumites to customise/adapt for their own use? (I'm not taking in lodgers myself).

https://lmgtfy.com/?q=uk+lodger+agreement

Sigh!

greatcrested · 15 April 2020 at 1:48PM

theartfullodger said:

zagubov said:

Can anyone remember- did someone once post a model lodger contract for forumites to customise/adapt for their own use? (I'm not taking in lodgers myself).

https://lmgtfy.com/?q=uk+lodger+agreement

Sigh!

or use duckduck....

zagubov · 15 April 2020 at 2:39PM

Thanks but I was trying to track down a particularly well-written one with a set of sensible house rules that was somewhere on this site. Maybe it was G_M.
Search engines weren't too helpful but I thought some regular posters would recall something. Never mind.

[Deleted User] · 15 April 2020 at 3:36PM

There were some stickies by G_M that I gather were removed earlier this year.

greatcrested · 15 April 2020 at 4:37PM

Poster_586329 said:

There were some stickies by G_M that I gather were removed earlier this year.

Here you go.... but no contract.

Lodgers: advice & links for landlords & lodgers

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).

Key advice is to ensure clear 'house rules' or guidelines are agreed from the start to avoid problems. This could be within the contract, in a separate document, or even verbally (though this can lead to future misunderstandings!). Include matters like:

* what parts of the property are open to the lodger eg entire house or bedroom, bathroom, kitchen only?
* cleaning. What is the lodger expected to do?
* guests. Are they permitted? Is there a deadline? Over-night? If over-night, how often (eg 5 nights a week leads landlord to feel he has 2 lodgers, not 1!)
* consumables. eg shared use of kitchen basics (salt, pepper etc), bathroom & cleaning products? Included in rent or shared purchasing?
* smoking
* noise ( eg music after X O'clock)
* any other restrictions

Make clear in the contract what notice period is required. Recommended is a short notice period eg 1 week either way. Sharing a home with someone where it has not worked out can be onerous or even unpleasant.

Some landlords don't bother with a written contract, especially when the lodger is a friend or colleague, but this is short-sighted. As long as things go well this is fine, but if ever there are issues, be that over rent or lifestyle, then a clear mutually agreed contract can make resolution far easier.

Always take a deposit. Make clear in the contract that this can used against rent arrears, rent in lieu of notice, or damage and cleaning. Even if renting to friends.

See also:

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

Landlordzone (Q & A on taking in lodgers)

Renting out rooms in your home (Government info)

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

Landlord Lodger Guide (legal and practical advice)

ratechaser · 15 April 2020 at 5:12PM

As an aside, does that mean that G_M is 'back'? If so then hoo-bloody-ray, especially if all the (ridiculously) deleted guides have been restored...

zagubov · 15 April 2020 at 8:52PM

Maybe G_M's sticky was what I was thinking of, as it was the rules section I was trying hardest to remember. I'd cheer if he returned too but not seen any other sign of that.