Comments on: Day 2 – Have you got permission to take in a lodger?

By: Tessa

Tessa — Thu, 29 Dec 2011 19:45:37 +0000

@Angela It is possible to create a tenancy informally without a tenancy agreement, it really depends on the circumstances. However it might be an idea to give her a tenancy agreement, just to make things clear.

For example, if there is no tenancy agreement with your daughter you may find yourself in a situation where the friend is alleging she is a co tenant, which would make it difficult to get rid of her, if your daughter decided she no longer wanted her to stay.

By: Tessa

Tessa — Thu, 29 Dec 2011 19:41:14 +0000

@Kelly It really depends on the terms of your mortgage agreement. Maybe ring them up and ask if this is necessary.

By: Angela

Angela — Thu, 29 Dec 2011 18:41:27 +0000

Hi Tessa,
Thanks for this most helpful blog. I own a house where my daughter lives, and although I stay there from time to time (about once a month) when in the area on business, or for leisure trips, its not my main home- I bought it expressly for my daughter to live in. However, I haven’t given my daughter a tenancy agreement (which I suppose I should!). My daughter now wants a friend to share to help with the bills etc- can this be a lodger? In order to take in a lodger, does my daughter need to be my tenant?

By: Kelly

Kelly — Wed, 21 Dec 2011 01:03:41 +0000

Hi,

I have a house and a mortgage and I am wanting to take in a lodger but wanted to know if I have to notify the mortgage lender?

By: Nicole

Nicole — Sun, 30 Oct 2011 23:35:39 +0000

Very helpful. Thank you!

By: Tessa

Tessa — Tue, 25 Oct 2011 06:48:46 +0000

@Nicola If you are happy with your Mother taking in a lodger then this is not a problem. She should use a normal lodger agreement such as the one we sell.

It may not be a good idea to leave the lodger alone in the house for long periods. The lodger could claim that she had moved out, turning his lodger status into that of tenant.

This is not a problem if she just goes on holiday for a couple of weeks, but I would not advise prolonged absences of months at a time.

By: Nicole

Nicole — Mon, 24 Oct 2011 22:06:51 +0000

I own a house (with a small mortgage) that I was renting out. My tenants have gone, and my mother is now living there. In order to cover bills, my mum wants to take in a lodger. My mum isn’t my tenant, she isn’t my lodger. We put together to pay the bills at the moment.
- Does there have to be a legal basis to her occupation of the house, for her to be entitled to take in a lodger?
- What sort of agreement could she enter into with a lodger? (it would have to be her agreement with him/her and not mine I guess??)
- If she plans to be overseas for a couple of months at a time, could this create some sort of tenancy for the lodger?

By: Tessa

Tessa — Thu, 23 Jun 2011 06:50:30 +0000

@Tanya the fact that someone takes a case to court does not mean they are going to win. The tenancy deposit regulations only apply to assured shorthold tenancies. This is explained on day 16 http://www.lodgerlandlord.co.uk/2010/02/16/day-16-deposits-inventories/

By: Tanya

Tanya — Fri, 17 Jun 2011 23:39:38 +0000

I need help please!
My boyfriend and me had an AST for 2bed flat.Our friend let us down and we found the lodgers instead into his room.The landlord agreed with it.
We shared this property with the lodgers (a couple)for 1.5year, but after they started to have arguments between themselves which became very annoying and we decided to give them a notice of 30days and find someone else. Unfortunately they asked us before to write them something “long term proof of the accommodation” to be able to prolong their visa half a year prior. We found a form on the internet, called it Flatshare Sublease Agreement and gave it to them. Now they took the case to the court and claim 3x the deposit. What shall we do? How shall I persuade the judge that they were lodgers and not tenants?

Thank you very much!

By: Tessa

Tessa — Tue, 14 Jun 2011 05:51:41 +0000

Your landlord cannot force you to sign a new tenancy agreement if you do not want to. Certainly not if neither you nor your friend want him to be a joint tenant. I would not advise that you sign a new agreement.

Explain to your landlord that the friend is just a temporary lodger and as such it is not appropriate to put him on the tenancy agreement as a tenant.