Lodger issues

delma06

"Flatmate Agreement

The following flatmates (collectively the "Flatmates" and individually the "Flatmate") have signed

this Flatmate Agreement (this "Agreement") on the 1st day of November, 2021 for the following

property:"

EXISTING RESIDENTIAL TENANCY AGREEMENT

1. The Flatmates acknowledge that one or more Flatmates have signed a tenancy agreement

with .......... the landlord(s) for the Premises, which commenced

on the 1st day of September, 2021 and lasts for 6 months (the "Residential Tenancy

Agreement").

2. This agreement is between the main tenants ..... and..... (who

have signed a tenancy agreement with ................. and are responsible

for the property) and.............. who rents one of the rooms.

TERM

5. The details of the term of this Agreement are as follows: This agreement is valid for a period

of 6 months from the date of conclusion (01/11/2021). Then after the expiry of 6 months, this

contract will renew monthly until terminated by the Flatmates

9. The deposit paid may also be applied towards the rent for the last month of the lease if

..... gives a minimum of 30 days' written notice (at the earliest after 6 months from

the signing of this agreement) before vacating the Premises and will not cause any damage to

the Premises during the term of the agreement.

UTILITIES

13. The Flatmates acknowledge that the costs of all utilities are included in the Rent.

HOUSE RULES

14. All Flatmates agree to act reasonably in their dealings with each other and to refrain from any

behaviour, action or inaction that they know, or reasonably ought to know, will interfere with

the other Flatmates' quiet enjoyment. All Flatmates agree to discuss concerns frankly and in a

timely manner, and to refrain from emotional outbursts. Should negotiation become

necessary, all Flatmates agree to negotiate in good faith. All Flatmates agree to respect each

others' property, privacy and sleep schedules and to comply with all reasonable requests

wherever possible.

HOUSEHOLD DUTIES AND RESTRICTIONS

Cleaning

28. All Flatmates agree to follow reasonable standards of cleanliness in maintaining the private

and common areas of the Premises. All Flatmates agree that the responsibilities of cleaning

and maintenance of the Premises will be divided fairly with specific details to be agreed upon

from time to time. This includes cleaning the kitchen, dusting, vacuuming, emptying rubbish,

mopping floors, cleaning bathrooms, and garden work. All Flatmates will promptly address

any concerns about cleanliness with each other in a polite and professional manner

TERMINATION OF TENANCY

32. The Flatmates agree that no Flatmate will be required to end his or her occupation or tenancy

involuntarily unless:

a. a vote is held and the majority of the Flatmates vote in favour of terminating that

Flatmate's tenancy;

b. that Flatmate has failed to pay his or her portion of the Rent;

c. that Flatmate has breached a substantive term of the Residential Tenancy Agreement;

d. that Flatmate has breached a substantive term of this Agreement; or

e. that Flatmate has failed to comply with the house rules.

33. Any Flatmate intending to end his or her occupation or tenancy will inform Notice should be

given ...., in writing, a minimum of 30 days before vacating the Premises.

Whenever possible, the vacating Flatmate will reasonably assist the remaining Flatmate(s) in

finding a suitable replacement Flatmate. The vacating Flatmate will be responsible for any

and all current and outstanding charges, costs, or fees incurred by him or her during the

course of his or her occupation or tenancy, or caused as a result of the vacation of his or her

occupation or tenancy.

ADDITIONAL CLAUSES

32. Whenever possible, all parties to this agreement are committed to using utilities responsibly

and economically to avoid additional unnecessary costs such as excessive use of gas and

energy.



I think these are the most important sections of our agreement.

Zetlandroad

Are you sure this flatmate is not a tenant?

delma06

Yes, but I have a separate contract with the landlord and a separate contract with the lodger.
Our lodger has no connection with my landlord.

delma06

Yes, because I have a separate contract.

saajan_12

delma06 said:

Hi

 

 Thank you all for your replies, I am impressed at how quickly I got the advice.

- We live in England

 

 - I bought and adjusted a flatmate agreement from "LawDepot"

 

 - He is currently staying in his partner's flat, he doesn't really intend to come back to live here, but he left his things. He said will move out by the end of February even though our contract is for 6 months from the first of November and then he can give a month's notice. Therefore, according to the contract, the earliest he can move out is the 1st of May. - if you don't evict him (or make it difficult for him to live there) then yes he has to keep paying upto 30th April (depending on exactly how that's worded). 

 

 -The contract is structured in such a way that my partner and I can give him a month's notice whenever we want, even two days after he has moved in, and he has to have lived there for a minimum of six months and at the end of that period, we can give him a month's notice. This way we wanted to avoid looking for another tenant for the winter. The problem is that in winter it is more difficult to find a student as a tenant. We are students and looking for someone our own age. we also won't have to pay council tax - okay that changes things. Contracts have to be fair, so a different minimum term for LL vs lodger would probably be unfair. So it would either be construed as if the unfair terms were deleted or in favour of the party who didn't write it (lodger). Depends on the judge if it gets there, but either you also have to wait the 6 months, or there's no contractual notice and its just 'reasonable' ie 1 month with no minimum term. 

 

- He probably started problems because he wanted to move to his partner's flat earlier but I told him we wouldn't be looking for a new tenant for the winter and we didn't take him for 3 months. Therefore must wait until the end of the contract. 

 - He started insulting me and saying disrespectful things. He also said that we are renting on the same terms even though legally I am his landlord. - lording your LL status over him is going come off insulting too. If you're not getting on, then the wiser thing is to mutually agree to a move out date soon and rent stops then. 

 - I added a clause to the contract that where possible he undertakes to use the utilities in an economical way, and he starts heating the room to 22 degrees 5 hours before he gets home, even though it is relatively warm outside (10 degrees), and the room gets cold anyway before his return. I told him to heat the room when he is at home so as not to generate unnecessary costs, he replied that he does not care because the contract says "bills included". Additionally, he put us in danger because he left the gas burners on twice and went somewhere. - using utilities economically isn't practically an enforceable term - its very subjective, as turning on heat in advance of arrival is reasonable, maybe he planned to return earlier and plans changed etc. Then even if he was uneconomical, that's not material enough to frustrate the entire contract. At best you'd have a monetary claim for your losses as a result of his actions, ie the extra £ for bills if he switched it on 5hrs before vs 2 hrs before. Practically this will be very hard to prove. 

- So I changed the password and he has no access to the app, that is why he went to live with his girlfriend. He said he would keep the heat as high as possible for 24 hours using valves after I changed the password. He started threatening me that he had contacted a solicitor (which I am sure is a lie) and that I could pay a fine to the council of up to 15000 for turning the app/heating off (obviously he still has access to the heating but through a valve, not an app) and that it was easy to prove, which is pathetic. The smart heating system and the app is just an accessory that I installed and at any time he has access to hot water or heating and generally great conditions in the house. - so things are becoming heated (pardon the pun).. you changing the password is unreasonable as he moved into a house with certain conveniences. Just proves you both need to go your separate ways and stop escalating the situation. 
In addition, he does not clean which is also inconsistent with the rules of the agreement. - again more of a guideline, not really an enforceable term. NOT a breach to terminate over - maybe some money if you had to clean his mess and can prove it. In reality no ones suing over £10. 

1. What do you advise me to do if he stops paying and I have not found a new tenant by then? 

2. Can he harm me in any way legally?

Thank you.

1. - my advice is to mutually agree to a surrender, whereby he stops paying and moves out, then you just advertise and any void is your own. That's because its becoming heated, and I'd rather peace where I live. 

If you don't want peace but stick to 'rights' then you could ensure you keep it as pleasant as possible for him to live there (no arguing, no changing passwords) and continue the rental arrangement. If he stops paying, send a notice asking for rent and seeking possession after <reasonable period> if he doesn't. The reasonable period could be 2 weeks? 1 month? After that period, change the locks, preserve his property and make arrangements for him to collect it. Then file in small claims court for the missed month rent. 

2. Harm as in?
- He could argue against your contract on the basis of the different notice periods being unfair. As a result, he could either argue for being able to leave immediately or if you're trying to evict then sue for his losses on the basis of you both having a min 6 months. 

caprikid1

Seriously OP, do not buy a legal agreement and insert nonsense when you know nothing about the implications.

Agree a mutual surrender and issue an unmodified contract that will stand up in court to the next tenant.

delma06

saajan_12 said:

delma06 said:

Hi

 

 Thank you all for your replies, I am impressed at how quickly I got the advice.

- We live in England

 

 - I bought and adjusted a flatmate agreement from "LawDepot"

 

 - He is currently staying in his partner's flat, he doesn't really intend to come back to live here, but he left his things. He said will move out by the end of February even though our contract is for 6 months from the first of November and then he can give a month's notice. Therefore, according to the contract, the earliest he can move out is the 1st of May. - if you don't evict him (or make it difficult for him to live there) then yes he has to keep paying upto 30th April (depending on exactly how that's worded). 

 

 -The contract is structured in such a way that my partner and I can give him a month's notice whenever we want, even two days after he has moved in, and he has to have lived there for a minimum of six months and at the end of that period, we can give him a month's notice. This way we wanted to avoid looking for another tenant for the winter. The problem is that in winter it is more difficult to find a student as a tenant. We are students and looking for someone our own age. we also won't have to pay council tax - okay that changes things. Contracts have to be fair, so a different minimum term for LL vs lodger would probably be unfair. So it would either be construed as if the unfair terms were deleted or in favour of the party who didn't write it (lodger). Depends on the judge if it gets there, but either you also have to wait the 6 months, or there's no contractual notice and its just 'reasonable' ie 1 month with no minimum term. 

--->He knew the exact conditions before signing the contract.

 

- He probably started problems because he wanted to move to his partner's flat earlier but I told him we wouldn't be looking for a new tenant for the winter and we didn't take him for 3 months. Therefore must wait until the end of the contract. 

 - He started insulting me and saying disrespectful things. He also said that we are renting on the same terms even though legally I am his landlord. - lording your LL status over him is going come off insulting too. If you're not getting on, then the wiser thing is to mutually agree to a move out date soon and rent stops then. 

------> I have read that in this case I have become his landlord, because it is I who have a separate contract for my property with the owner of the house. So it's not an abuse. I found the house, invested a lot of money, sublet the room to the lodger with the landlord's consent.

 - I added a clause to the contract that where possible he undertakes to use the utilities in an economical way, and he starts heating the room to 22 degrees 5 hours before he gets home, even though it is relatively warm outside (10 degrees), and the room gets cold anyway before his return. I told him to heat the room when he is at home so as not to generate unnecessary costs, he replied that he does not care because the contract says "bills included". Additionally, he put us in danger because he left the gas burners on twice and went somewhere. - using utilities economically isn't practically an enforceable term - its very subjective, as turning on heat in advance of arrival is reasonable, maybe he planned to return earlier and plans changed etc. Then even if he was uneconomical, that's not material enough to frustrate the entire contract. At best you'd have a monetary claim for your losses as a result of his actions, ie the extra £ for bills if he switched it on 5hrs before vs 2 hrs before. Practically this will be very hard to prove. 

---------> Not he regularly warmed at home despite not being there. The last time he came back was five hours after he turned the heating on. It was my choice to give him access to the app. He could still use the knob and heat as he wanted, but when he was home.

- So I changed the password and he has no access to the app, that is why he went to live with his girlfriend. He said he would keep the heat as high as possible for 24 hours using valves after I changed the password. He started threatening me that he had contacted a solicitor (which I am sure is a lie) and that I could pay a fine to the council of up to 15000 for turning the app/heating off (obviously he still has access to the heating but through a valve, not an app) and that it was easy to prove, which is pathetic. The smart heating system and the app is just an accessory that I installed and at any time he has access to hot water or heating and generally great conditions in the house. - so things are becoming heated (pardon the pun).. you changing the password is unreasonable as he moved into a house with certain conveniences. Just proves you both need to go your separate ways and stop escalating the situation. 

--> I installed the system two months after he moved in so it was not my commitment.

In addition, he does not clean which is also inconsistent with the rules of the agreement. - again more of a guideline, not really an enforceable term. NOT a breach to terminate over - maybe some money if you had to clean his mess and can prove it. In reality no ones suing over £10. 

Yes that true.

1. What do you advise me to do if he stops paying and I have not found a new tenant by then? 

2. Can he harm me in any way legally?

Thank you.

1. - my advice is to mutually agree to a surrender, whereby he stops paying and moves out, then you just advertise and any void is your own. That's because its becoming heated, and I'd rather peace where I live. 

If you don't want peace but stick to 'rights' then you could ensure you keep it as pleasant as possible for him to live there (no arguing, no changing passwords) and continue the rental arrangement. If he stops paying, send a notice asking for rent and seeking possession after <reasonable period> if he doesn't. The reasonable period could be 2 weeks? 1 month? After that period, change the locks, preserve his property and make arrangements for him to collect it. Then file in small claims court for the missed month rent. 

2. Harm as in?
- He could argue against your contract on the basis of the different notice periods being unfair. As a result, he could either argue for being able to leave immediately or if you're trying to evict then sue for his losses on the basis of you both having a min 6 months. 

Thank you for your advice. 

deannagone

Having external temperatures of 10 degrees in the UK in winter is not usual.., its normally quite a bit colder and I wouldn't want to be in a room at that temperature.  Particularly during winter lol.  He might have been annoyed at not being able to heat his room because he was genuinely cold.  People don't normally create controversy where they live just because they are awkward (some do, but not many).  I think it would be helpful to think of the situation from the lodger's point of view.  He may have reasons for his attitude.

I know I wouldn't want to live in this property under the conditions in the agreement.  It may have caused resentment.  

Whether you don't want to relet the room or not, sense suggests its better to ask him to remove his property and attempt to relet.  Do you really want to share your home with someone you quite definitely aren't on the same page with as to what's acceptable?  I'm afraid dealing with voids are a part of being a LL, which you are.  That's the risk you take, particularly with a Lodger agreement.  It just doesn't make sense to force him to rent the room as things stand.  

I also reinforce the comment that this agreement wouldn't stand up in court.  You've added terms in that make it very favourable to you.  This is not how they are supposed to work.  If you can give a months notice but the lodger has to stay 6 months, thats very unfair.  And unenforceable.

delma06

Thank you for your reply.

He had a room temperature of 15 degrees and could easily turn on the heating when he was at home, but not 5 hours before he returned. I understand it was my fault for giving him access to the app. Yes, I understand that the conditions were not fair.

penners324

Get the locks changed. Tell him if he does anything yo any 'valves' that is criminal damage and police will get involved