Lodgers- any written contract needed
Discussion
I would strongly recommend it as you will have virtually no rights to throw them out if you don't and it doesn't work out.
Get the LawPack Lettings CD - it's cheap (£14-odd) and has lots of contracts including one specifically for this kind of thing.
Edit: Or buy a paper copy on-line for £2 from their website
>> Edited by JonRB on Wednesday 30th November 15:39
Get the LawPack Lettings CD - it's cheap (£14-odd) and has lots of contracts including one specifically for this kind of thing.
Edit: Or buy a paper copy on-line for £2 from their website
>> Edited by JonRB on Wednesday 30th November 15:39
ewenm said:Indeed. Probably the LawPack ones unless Smiths have their own brand.
WHSmiths also sell pre-written "fill in the blanks" contracts for lettings with or without the owner being present. Definitely worthwhile.
I figured the CD was better value as it's buy-once-use-many rather than the single use of a paper version. Besides, if you have the contract in electronic format they you can edit / customise it.
Don't forget that you may need to talk to your insurance company as well. With a lodger insurance companies will often want to change your policy so that it doesn't cover you if you have items stolen without a break-in (in case the lodger nicks everything). Mine did this when I got a lodger for a while. Not telling the company you have a lodger means that your policy could be invalidated full stop should you make a claim (not worth thinking about IMO)...
puggit said:
Contract and a book logging payments will come in handy when Gordon Brown pops in for even more tax to prop up the ailing public sector
Agreed. A Rent Book is indeed a good idea. Very cheap to buy from any half-decent stationers. Your lodger may need one anyway, especially if they claim any form of benefits.
In all honesty, for the costs involved you'd be silly not to have a contract and Rent Book. There's no confusion when everything is written down, no question of "but I paid you for this month, don't you remember?", no accusations of "you never told me that" or "well, I just assumed that was part of the rent", etc.
Doesn't matter if your lodger is your bestest mate in the whole world, misunderstandings still occur.
Edit: sharkfan has a good point too.
>> Edited by JonRB on Wednesday 30th November 15:59
JonRB said:
I would strongly recommend it as you will have virtually no rights to throw them out if you don't and it doesn't work out.
Not true : Lodgers are "excluded occupiers" as far as the Landlord/Tenant act is concerned. In my experience they can be thrown out without a contract - and you don't need to go to court.
However - I would still recommend some form of written agreement.
JonRB said:
Not true : Lodgers are "excluded occupiers" as far as the Landlord/Tenant act is concerned. In my experience they can be thrown out without a contract - and you don't need to go to court.
Yes - it is useful to have a rent-book , receipts and a written agreement with agreed notice periods etc. (If the landlord lives at the property and shares kitchen / bathroom facilities ....legal protection for the lodger from L/T act doesn't apply)
....Its just I had a lodger who thought they had rights to a "6 month assured shorthold tenancy "(complete bollox), refused to budge and assumed I would have to go to court. The Police physically threw them out and threatened them with arrest
.I was a lodger and the "landlord" tried to screw me over, so if you do take one in it would be nice for both parties to have some sort of agreement in writing.
Agreement was for a certain rent amount each month including ALL bills etc.
Then he changed his terms on whether it was calendar month etc, then starting leaving IOU's for me to pay for various household items/bills/expenses that were supposed to be included or had no connection to my presence in the household.
Then he demanded an increased amount of rent due to finding out he had lost his single person's discount on council tax.
His insurance policy was a little strange. It would have covered theft of my possessions but would not cover his if they were accidentally damaged by me - the tenant. So I had to arrnage my own (fair enough!)
To top it off he then made various claims that I was behind on rent even though I could show bank statements to the contrary. Then the rent I had agreed to pay, and did pay in advance, turned out to be in his eyes in arrears.
Finally when I gave notice, and in connection to the above, I was expected to leave within 2 weeks at the beginning the next month rather than at the end of it even though I had paid for the whole next period.
So, err yeah have a nice little contract that's understood by both parties!
Agreement was for a certain rent amount each month including ALL bills etc.
Then he changed his terms on whether it was calendar month etc, then starting leaving IOU's for me to pay for various household items/bills/expenses that were supposed to be included or had no connection to my presence in the household.
Then he demanded an increased amount of rent due to finding out he had lost his single person's discount on council tax.
His insurance policy was a little strange. It would have covered theft of my possessions but would not cover his if they were accidentally damaged by me - the tenant. So I had to arrnage my own (fair enough!)
To top it off he then made various claims that I was behind on rent even though I could show bank statements to the contrary. Then the rent I had agreed to pay, and did pay in advance, turned out to be in his eyes in arrears.
Finally when I gave notice, and in connection to the above, I was expected to leave within 2 weeks at the beginning the next month rather than at the end of it even though I had paid for the whole next period.
So, err yeah have a nice little contract that's understood by both parties!
I can give you a copy of the one I have drawn up for my lodger (aka the other half..long story but parents insisted I had one seeing as they own part of my flat..and boy do I know about it...)
It was written by a solicitor (my father is seriously paranoid..) and all water tight
PM me if you want a copy. (I'd advise you to change the names and addresses tho :P)
It was written by a solicitor (my father is seriously paranoid..) and all water tight
PM me if you want a copy. (I'd advise you to change the names and addresses tho :P)i have 2 mates living in my house who are paying me rent. i worked out a basic contract just based on what i guessed would be the importnat points to note and then got them to sign. i guess it is slightly different for you cos my tenants are good mates who are extremely extremely unlikely to try and screw me over, but i dont think you really need to pay to get a contract. just make sure you run it by someone else before signing.
chris
chris
littlegreenfairy said:
I can give you a copy of the one I have drawn up for my lodger (aka the other half..long story but parents insisted I had one seeing as they own part of my flat..and boy do I know about it...)
It was written by a solicitor (my father is seriously paranoid..) and all water tight
LGF- you have mail...many thanks...
A.
best bet is get male lodger as they are less trouble. Laws and other assorted Blair type bollox are a waste of time as they only serve to make money for Lawyers and judge type slime. Best bet is try to be selective and hope nothing goes wrong. If it does you have 2 choices.
1. Move out yourself and hire contractors to remove roof for essential repairs. Hope it rains.
2. Wait till lodger goes out then dump the whole of their possesions at the municiple tip, then hire a hooker to claim to have been living there for years and scream rape/ phone police when lodger reappears.
Both these methods are tried and tested and work splendidly but require some bottle and a complete disregard for the individual lodger.
1. Move out yourself and hire contractors to remove roof for essential repairs. Hope it rains.
2. Wait till lodger goes out then dump the whole of their possesions at the municiple tip, then hire a hooker to claim to have been living there for years and scream rape/ phone police when lodger reappears.
Both these methods are tried and tested and work splendidly but require some bottle and a complete disregard for the individual lodger.
JonRB said:
I would strongly recommend it as you will have virtually no rights to throw them out if you don't and it doesn't work out
As far as I know the above is correct if the landlord does NOT live in the property, but if you live in the property and you let one room out then you have every right to throw any lodger out if they are a nuisance of course.It's much more difficult if you don't live in the property and the police can do you for harassment.
Ok all.. really appreciate all your help (you know who you are)..
State of play is at the moment the future lodger is staying with me occasional weeks whilst job hunting/trying to find herself a permanent job (she's just back from travelling and temping at present).
Once she's got herself a permenant job, and I've managed to properly furnish the room, I plan to let her 'move in formally'... (at the moment she's just a mate staying with me for occional 5 day stints)..
That gives a me a window of a month or so to sort out contract, and work out what it will do to bills, council tax etc...
State of play is at the moment the future lodger is staying with me occasional weeks whilst job hunting/trying to find herself a permanent job (she's just back from travelling and temping at present).
Once she's got herself a permenant job, and I've managed to properly furnish the room, I plan to let her 'move in formally'... (at the moment she's just a mate staying with me for occional 5 day stints)..
That gives a me a window of a month or so to sort out contract, and work out what it will do to bills, council tax etc...
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