Tenant wants a lodger

[big ant]

Have one B2L, tenant wants to have paying lodger to help with bills etc. Have a standard tenancy agreement but now pondering what I should do about the lodger - an addendum or he/she signs it too....lost a bit.

Thanks

[ymwoods]

Probably not the right way to do it, but personally, if the tenant is OK to keep the current agreement as it is then keep it that she is responsible for paying you and making sure the house is OK etc.

Saves messing about if the lodgers change from time to time and then keeping track of who owes what, or who may have caused what damage.

Make her responsible for all damage and all arrears etc.

[strattonkillick]

The lodger needs to go on the AST. You run the risk of creating a sitting tenant if you know about the lodger and do nothing.

[thekingisdead]

As above. New tenancy agreement and get the 2nd person on it. I’ve had two tenants take on extra people _ siblings both times so I was a bit more comfortable with it

[Jimmy Recard]

You’re lucky - my lodger just wanted Tennents

[big ant]

OK, so I will re-issue Agreement, both names - so both are technically liable for the rent, even if obvious just on of them is actually liable and paying ?

Sorry if sounds silly point.
Thanks all for comments

[Condi]

thekingisdead said:

As above. New tenancy agreement and get the 2nd person on it. I’ve had two tenants take on extra people _ siblings both times so I was a bit more comfortable with it

So what if one person doesnt pay? Can you evict one without the other?

The advantage of lodgers is they have very few rights compared with tenants, making it much easier to remove them.

[strattonkillick]

Condi said:

So what if one person doesnt pay? Can you evict one without the other?

The advantage of lodgers is they have very few rights compared with tenants, making it much easier to remove them.

This is the same as any pair (or more) of tenants. They are both liable for the rent. What if the tenants were a couple and one lost their job? You would take action against both of them, not just against the one who had lost their job.

[superlightr]

big ant said:

OK, so I will re-issue Agreement, both names - so both are technically liable for the rent, even if obvious just on of them is actually liable and paying ?

Sorry if sounds silly point.
Thanks all for comments

from your question I gather you don't really know legally what you are doing?

Have a think about how quickly and badly it could all go wrong - but again you probably havnt even thought that far yet.
Have a think about tenancy law and the regulations on the paperwork - again you most likely havnt thought that far yet or don't understand it.

DIY landlords - all smiles until it goes wrong.

Get it done professionally and correctly.

[Nickyboy]

If they are jointly on the agreement and you have problems with the "lodger" then you will have to take them to court to get rid, as a simple lodger signing a lodger agreement then they have very little rights and you can essentially change the locks and evict them if they don't play ball.

[anonymous-user]

superlightr said:

DIY landlords - all smiles until it goes wrong.

Get it done professionally and correctly.

^^^^ This.

You'd be mad to consent to a Tenant taking a lodger. You want a joint tenancy with both tenants liable for all of the rent etc. Let them fret about who's actually going to pay how much rent - you just want to receive the full amount.

[big ant]

Thanks all - revised Agreement (18 miserable pages) to joint severally....etc.....see what noth parties think.

Damn B2L was only bought in a charitable moment to help a wonderful RNLI lady...in a particularly weak moment !!

[MG Mark]

Keep the tenancy as it is and grant permission for a "licence to occupy" for the lodger. Tenant stays responsible for everything and has rights. Licensee does not. A quick Google will bring up more detail

[superlightr]

big ant said:

Thanks all - revised Agreement (18 miserable pages) to joint severally....etc.....see what noth parties think.

Damn B2L was only bought in a charitable moment to help a wonderful RNLI lady...in a particularly weak moment !!

ok that's new to me - what is a revised tenancy agreement?



seriously stop. get it done correctly. either issue a new AST or as others have said a licence.

you should get a surrender of the first TA.
You should issue a new AST in both names and all the prescribed information as well as the deposit protection docs. Be safer to re-register the deposit as its now a new tenancy in joint names.

what documents are you issuing?

Edited by superlightr on Wednesday 21st February 11:19