Lodger with no agreement?? Mortgage company says I can't have an agreement with lodger

jdhh

Mortgage company (Coop) has said that I can have a lodger, but with no agreement or locks on the door.

Any tips how to go about this with the potential lodger, as I would prefer an agreement in writing.

theartfullodger

A verbal agreement is entirely legal (as, bonkers, it is for an AST... - assuming England). Just get a draft lodger agreement and slowly explain all the terms, in particular your options to serve notice (v short I suggest..).

So what the Co-op are requiring ain;t actually possible.

There are risks being a landlord: You've found another... 

(Surprised you asked Co-op....)

FreeBear

Sure you can have a written agreement. Just make sure it is a "Licence to Occupy" and do not use the word "tenant" in any advertisement or agreement.

propertyrental

The coop is being sensibly cautious but somewhat inaccurate.

What they are clearly concerned to avoid is the possibility of you creating a tenancy. A lock on the door gives the 'occupant' exclusive occupation of the room which could create a tenancy, as could a written contract that includes the words 'tenant' or 'tenancy'.

I would strongly suggest that any lodger should have a written contract, but clearly defined as a 'Licence' not a tenancy. It should make clear the start date, reference to it being a weekly/monthly periodic licence (Not a fixed term that ties you to the lodger from hell), the notice period (ideally 1 week for the same reason), and perhaps reference to the (separate) House Rules)

Post 10: Lodgers: advice & links for landlords & lodgers

zagubov

If you did have a written contract you'll want it to also include house rules covering matters such as smoking, pets, guests (overnight or daytime), noise, washing and cleaning up, use of shared facilities, heating, payment deadlines, notice to leave, no locks allowed, insuring their property, and so on.

FreeBear

zagubov said:

If you did have a written contract you'll want it to also include house rules covering matters such as smoking, pets, guests (overnight or daytime), noise, washing and cleaning up, use of shared facilities, heating, payment deadlines, notice to leave, no locks allowed, insuring their property, and so on.

No If about it - Always, always have a written contract that clearly sets out the terms & conditions from day one.