Example Lodger Terms & Conditions for New Owner Occupier Landlords - Suggestion Only

HonestJohnBarry

TERMS AND CONDITIONS OF OCCUPANCY ASSOCIATED WITH THE ENTIRE LODGER  AGREEMENT

1. This Excluded Licence/Lodger Agreement is personal to the Lodger(s), is not assignable and will end automatically once the last day of the Lodging Term has expired.

2. This Excluded Licence/Lodger Agreement confers no exclusive right for the Lodger(s) to use and occupy the rented Lounge and Bedroom above the garage or any other part of the property. The Landlords, on giving 24 hours notice (except in case of emergency), may enter the said first floor rooms to inspect or repair the space or its contents or to accompany a prospective occupier, agent or purchaser of the property. 

3. The Lodger(s) will:

a. not use any fan heater, electric fire or other type of heating device as the accommodation is centrally heated to a comfortable ambient temperature of 18 to 20°C between 06:15am and 22:30pm during all the cold months of the year. 

Please Note: 

Unnecessary use of electricity for whatever reason should always be avoided as this increases the Landlords costs which could also lead to an increase in the rent. Simple steps like dressing appropriately and switching off unused lights and appliances keeps everyone’s cost down whilst benefiting the environment in a small way too.  

b. not let, share or permit any person not named in the Lodger Agreement to stay overnight in any part of the property.

c. not use any part of the property in a business capacity or occupy in any way other than as a private residence.

d. not enter any excluded or private areas of the property without the prior consent or invitation of the Landlords.

e. conform to conventionally accepted standards of behaviour and will dress appropriately to avoid any embarrassment when using any shared areas of the property.

f. lock the external doors to the front entrance and shared kitchen entrance when entering or leaving the property and ensure that all windows in any room used by him/her are also fully latched and secure when leaving the property.

g. not make excessive noise or entertain large groups of people on the premises or become drunk or use any illegal drugs or banned substances or generally become a nuisance to the Landlords or their guests or the occupants of nearby premises. 

h. not engage in any immoral or illegal activities or do anything which in any way may cause complaints or criminal charges to be brought against the Landlords or prejudice their property Insurance.

i. not add furniture or large item in any part of the property as this reduces floor space and interferes with clear passage and personal safety.

j. dine in the upstairs accommodation as the shared kitchen is not suitable for seated dining due to the restricted floor space which makes the inclusion of a table and chairs unsafe and unacceptable.

k. keep the windows, floors and any surfaces or part of the property used by him/her including the stairs and hallways in a good, clean condition and not damage or injure any part of the property.

l. maintain the cooker and all of the kitchen appliances, utensils, worktops, floor and surfaces in a clean and hygienic condition and put away all crockery, cutlery, pans, and utensils after use.

m. confine all cooking to the shared kitchen and ensure that the extractor hood is switched on whenever the electric hob is being used. 

n. ensure that the shower cubicle, washbasin, toilet and floor of the shower room are kept to a satisfactory level of cleanliness after use.

o. not park any vehicle on the main front driveway of the property but will keep the highway clear by parking off-road on the allocated top driveway accessed via the drop kerb immediately before the neighbouring property at number 52.

p. not charge the battery of any car, van, scooter, bicycle or other mode of electric vehicle whilst Lodging at the property.

q. not make any alterations or additions to the rented rooms or any other part of the property.

r. not hammer or drill holes or perforate any walls, cabinets or doors or any other part of the property.

s. not carry out any redecoration or painting of the rented rooms or any part of the property.

t not keep any dog, cat or any kind of animal or pet at the property at any time even on a temporary    or short term basis.

u promptly notify the Landlords of any defects to the property (whether or not caused by him/her) of which he/she becomes aware.

v separate domestic refuse from any recyclable items and place in the correct external dustbin located at the side of the garage. Where possible crush or reduce the size of cans and flatten boxes and containers. Glass must be placed in the glass box ensuring that the lid is replaced after use.

4. A tumble dryer is not provided for the Lodger(s) use due to the propensity of fire from these devices however commercial drying facilities are available at the East Lane Service Station on Westdale Lane or other laundromat’s within a short drive from the property.

5. The Lodger(s) must not display any clothes airer, laundry, poster, flag or other item in the vicinity of the accommodation windows or where any such commodities could be viewed from outside the property as the Landlords consider such a sight to be ugly and unnecessary.

6. The slats of the window blinds can be tilted to any angle required by the Lodger(s) to achieve a satisfactory level of privacy and comfort but the blinds should never be left in a semi raised position as this also offends the Landlords aesthetic sensibilities as alluded to in clause 5.

7. The Lodger(s) should arrange all appropriate insurance to provide an adequate level of cover for all his/her requirements during the Term of the Agreement.

8. Whilst the Landlords do have their own TV licence they are not responsible for providing the Lodger(s) with a TV licence for the rented accommodation. The Lodger(s) should comply with the current TV Licensing requirements which can be found online at tvlicensing.co.uk. 

9. Standard Cable TV services are available to the Lodger(s) on the condition that he/she will refrain from using On Demand TV or any chargeable services that would result in the Landlords being billed for unexpected additional costs.

10. Broadband to the household is a cable service distributed via a single router therefore reception, speed and continuity of broadband to any part of the property cannot be guaranteed.

11. Downloading illegal, immoral or copyright protected content is strictly prohibited.

12. The Lodger(s) should note the location of the fire extinguisher and fire blanket in the shared kitchen and become familiar with how, where and when to operate them safely should an emergency arise.

13. For the prevention of fire and personal injury the introduction and use of any type of heating device including paraffin, liquid petroleum, gas, oil or electrical heater is strictly prohibited within any part of the property.

14. Smoking or Vaping in any part of the property is strictly prohibited.

15. Candles, naked flames, dangerous or flammable goods or materials are strictly prohibited in the property. 

16. Chip pans, deep fryers or similar are strictly prohibited due to the high recorded incidence of fire from such devices.

17. Bicycles, pushchairs, perambulators, scooters or any wheeled device or mode of transport are not permitted inside the property at any time.

18. The first floor rented Rooms and agreed shared areas including hallways and internal and external doorways are to be kept clear of any obstruction as clear passage must be maintained throughout the property at all times.

19. Lodgers are responsible for the safety and conduct of any person visiting him/her and must ensure that any visitor is made aware of the relevant Terms and Conditions as set out in this Agreement. 

20. Any visiting child must be personally supervised by their parent(s) and the Lodger(s) who will be responsible for the child’s safety and the conduct of any visitor at all times.

On Completion of the Lodging Term

On completion of the Lodging Term the Lodger(s) will remove all rubbish and personal possessions and yield up all the Landlords property in the same clean and undamaged condition that it was at the beginning of the Term.

The Lodger(s) must return all keys relating to the Landlords address before vacating the property at the end of the Lodging Term.

The Lodger(s) should provide a forwarding address and bank account details to facilitate the prompt return of the Security Deposit.

The Lodger(s) should arrange the redirection of mail and parcels with the appropriate delivery providers.

Any personal possessions left behind by the Lodger(s) at the end of the Term will be stored for a maximum period of 14 days after which the Landlords will dispose of the items as they see fit. 

CONFIRMATION OF ACCEPTANCE OF THE ENTIRE LODGER AGREEMENT

Signature of Principal Lodger: ______________________________________________________

Name of Principal Lodger: _____________________________________  

Signature of Sharing Lodger: ______________________________________________________

Name of Sharing Lodger: _____________________________________

Signature of Landlord: ______________________________________________________

Date: ___________________________

theartfullodger

Does whoever wrote this have any legal qualifications?  Could you kindly confirm it has no copyrighted parts please?

Applicable to which countries e.g.  NI, Wales?

HonestJohnBarry

Oh Dear! Already regretting trying to help live-in landlords just starting out trying to earn £7500 Tax Free. I’ve been taking lodgers for over 12 years and these suggested Terms and Conditions that I have written by myself without any legal qualifications have taken most of that time and experience to come up with. 

Because I know how difficult it was to write such my Terms and Conditions I thought it might be helpful to give a few pointers for those newbie’s. Oh Dear, Oh Dear. Probably won’t bother again.

silvercar

It is helpful, though may appear daunting to a potential lodger. At least a landlord can pick and choose from your long list which points to include. It certainly gives food for thought.

theartfullodger

HonestJohnBarry said:

Oh Dear! Already regretting trying to help live-in landlords just starting out trying to earn £7500 Tax Free. I’ve been taking lodgers for over 12 years and these suggested Terms and Conditions that I have written by myself without any legal qualifications have taken most of that time and experience to come up with. 

Because I know how difficult it was to write such my Terms and Conditions I thought it might be helpful to give a few pointers for those newbie’s. Oh Dear, Oh Dear. Probably won’t bother again.

Fair enough, thanks!

(btw I've never seen any tenancy agreement that, after consideration, I didn't think I could improve: Including those I'd revised several months earlier.)

HonestJohnBarry

It is very important to understand that these Terms and Conditions relate to my quite separate Lodger Agreement and that this does not form part of a Tenancy Agreement which is a completely different animal. 

I’ve listed this example to help anyone arrive at their own Terms and Conditions but it is only intended to give some sort of guidance or ideas.

Anyone should feel free to pick and choose any of my wording as they see fit. My wife and I have been taking Lodgers for over 12 years and it has taken many, many hours of revision to arrive my original post. We hope it helps.

One Lady stayed with us for seven years and we have had several couples or single lodgers since. The Lodgers have the benefit of a lounge and separate bedroom above our double garage. The ground floor kitchen and shower room are shared with the lodgers but we rarely see them as we have additional facilities that we can use too.

We have taken Lodgers from England, Spain, Brazil and now India. We choose very carefully and our explicit Terms and Conditions have ensured that problems are largely avoided. We’ve added and changed the Terms and Conditions as we have learnt what has bothered us over more than 12 years now and I think we’ve developed it into a fine art with great financial benefits especially in these difficult times.

Of course the Tax Free limit has risen over the 12 years (currently £7500) but I think the money we have taken during this time has more than paid for the cost of building the side extension all those years ago though I did build it myself so very little labour costs.

Anyhow I digress. My wife and I hope our current Terms and Conditions for our Lodgers prove to be of someone out there. Good luck to you all and especially anyone just embarking on taking a Lodger. 

Regards HonestJohnBarry

FreeBear

Too long and wordy for my taste. Many of the clauses would be better off as "House Rules" which can form an addendum to the main contract. Other things like "downloading of illegal material" is not something that you can police, so rather pointless. Clauses 5 & 6 - Really ??

Could do with some revisions and consolidation in my opinion. Oh, and don't see anything about notice periods (I may have missed it).

propertyrental

FreeBear said:

... Oh, and don't see anything about notice periods (I may have missed it).

Clause 1 suggests it's a fixed term contract (unwise) and of course not being an AST there's no automatic periodic to follow - indeed clause 1 prohibits that.

So notice is not relevant......

Definitely not a sensible approach in my opinion.

RAS

And many of us recall what happened to the householder who offered a fixed term lodging contract, subject to conditions the lodger knew they couldn't meet? The court awarded the value of the full term costs as a penalty for early termination.

pieroabcd

I would add something saying explicitly that the lodgers are not allowed to add or change locks, latches and bolts on doors.
It already falls under the "alterations" clause, but in my agreement I preferred to put it in explicit terms, so the lodger can't claim excuses.

I would also add something about animals: are they allowed? Someone may decide to adopt one.

Bookworm105

pieroabcd said:

I would also add something about animals: are they allowed? Someone may decide to adopt one.

perfect illustration of why his list is unfit for purpose, it is so long no one reads it properly
your Q is covered at clause 2t

The issues he lists are mostly a reflection of his own personal peeves and tastes. Of course as the resident owner he is 100% entitled to impose rules on how lodgers use his property, but that is the point, they are residence rules, not legalise related to lodger occupation.