Comments on: Day 15 – Should you use a lodger agreement?

By: Lucy

Lucy — Fri, 08 Jul 2011 19:21:00 +0000

My landlord ask me to leave with a written notice dated 7/7/2011. The rent was due the 6/7/2011. In the agreement it supposed to be one month notice to leave. I have not paid yet because i think he has to give me more time to leave after 4 years of living in the same property. I am a lodger and i paid the rent very ok until 2 days ago when i found out that somehow i overpaid 2 weeks. I pay rent every 4 weeks. Who is right, what shall i do. I just need 2 months to evacuate peacefully and legally. Thanks a lot

By: Tessa

Tessa — Mon, 30 May 2011 22:16:43 +0000

@Mark

My understanding is that if there are just two lodgers it cannot be an HMO. http://www.lodgerlandlord.co.uk/2010/02/07/day-7-will-taking-in-a-lodger-turn-your-property-into-an-hmo/

If the girlfriend was living at the house as his partner, then I don’t think she would count as one of the lodgers, as they would form one ‘household’.

But please don’t just rely on what I say, you need to check with your local authority.

By: Mark

Mark — Mon, 30 May 2011 21:38:29 +0000

Hi Tessa,
Really useful site – many thanks.
Can I ask a question pse – we have put in an offer to buy for my student son a 4 bed house, to try and reduce his student fees. We are worried about applying for an HMO (I really think it should be a HMO)as it will affect resale values, so my son is thinking abut letting to 2 lodgers. We have become concerned though about the reference to a 3 storey house – as my son’s house is 3 storey. Does a 3 storey house necessitate a hmo? We clearly hope not, especially as my son’s house is only 4 years old and is up to date re current building regs.
Could you give me a view re our position before i speak to the local authority?
Second question, my son (in his 3 storey house) has a regular student girlfriend who he would like to move in with him. If he posed the question, and she resided with him for no rent, but contributed towards service costs, would this be considered a 3rd tenant and thus take him into hmo territory?
Very keen for an early reply as we have offered a price for the house (before viewing your site),
Many thanks
Mark

By: Kath Manning

Kath Manning — Thu, 06 Jan 2011 01:15:44 +0000

Thanks very much for your help on this and the other issues I posted on today. I’ll have a look at landlordlaw.co.uk. And thanks for your really useful site and prompt replies.

Best wishes,

Kath

By: Tessa

Tessa — Wed, 05 Jan 2011 14:28:00 +0000

I don’t see a problem with this so long as he is a good person and does not take advantage of your trust.

Note that I have a web-site http://www.landlordlaw.co.uk which has a lot of information which will be helpful to you as a prospective landlord. Membership is just £20 per month. There is also a forum where you can ask questions.

By: Kath

Kath — Wed, 05 Jan 2011 13:19:54 +0000

Hi Tessa,

I am planning to take a lodger who is also a friend, but then am planning to let the whole house as a tenancy when I go abroad for 6 months maybe more later in the year (and he will help me get ready for the more stringent tenancy requirements). The plan would be to use a letting agency, and get another person for the other room with him remaining as one tenant. However, I would probably allow him more leniency than the other tenant eg lower rent, grace period if he becomes unemployed – currently he has a temporary job; a)as he is a friend b)with him taking more responsibility for maintainance, keeping an eye on things. How does this stand legally?

By: Tessa

Tessa — Wed, 10 Nov 2010 19:13:21 +0000

Simon, the agreement provides for early termination if you don’t cross part of it out (this is explained in the instructions), so I would suggest you put in the period you think you want the agreement for but allow it to be ended early if necessary.

Bruce – you can buy my agreement here: http://www.lodgerlandlord.co.uk/shop/

By: Bruce Sparkes

Bruce Sparkes — Wed, 10 Nov 2010 18:48:23 +0000

Dear Ms Shepperson, just the information I was looking for. My son is a Merchant Seaman and therefore is away from his home for long periods at a time. This would mean his Lodger has the house to himself for these periods. I feel that a written “Lodger Agreement” would be very appropriate in these circumstances. What is your fee for providing me with a copy of the Agreement you recommend. I can fill in the “blanks”

By: simon brown

simon brown — Wed, 10 Nov 2010 12:57:19 +0000

hi tessa

thanks very much for the agreement i have just purchased. Could i please ask one question, is the “period” as critical as it can be in an AST? our lodger will be staying until June but we are uncertain of the actual date , can i run the licence agreement from say today 10 nov – june 30th 2011. Or does does the agreement roll on until notice is given by either party? ie is it better to sign a6 month agreement

By: Tessa

Tessa — Thu, 07 Oct 2010 11:04:46 +0000

Please see the posts on this blog about problem lodgers and eviction of lodgers. There are quite a few. For example http://www.lodgerlandlord.co.uk/2010/02/19/day-19-how-should-you-deal-with-problem-lodgers/, and http://www.lodgerlandlord.co.uk/2010/02/20/day-20-how-do-you-evict-a-lodger-who-wont-go/