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  • Buy-to-Let

    Getting existing lodger to sign a contract

    Hi Tribe,

    I've had a lodger living with me for a couple of years. I've managed to get on with him to date but its getting to the point where his lifestyle is impacting on my well being.

    I've had lodgers living with me for 15 years and never had an issue so foolishly never instated a signed lodgers agreement.

    I think he'll go peacefully if I give him notice but there's always a chance he could dig his heals in as he has a way of making life hard for people who he doesnt agree with.

    I've drafted a lodgers agreement which I'll ask him to sign.

    Can anyone advise me on next steps & things to watch out for for the following 2 scenarios:

    1) He signs the contract which includes the following clause:

    The Term:

    6 months beginning on ddmmyyy
    Then on a monthly ongoing basis 

    Early Termination:

    Either party may at any time end this Agreement earlier than the end of the term by giving the other written notice of one month.

    2) He refuses to sign the contract

    Any help would be greatly apreciated.

    Thanks

    Matt

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    Hi Matt,

    I wouldn't bother to get him to sign an agreement.

    The fact that he's been paying rent establishes that there is a tenancy (licence) in place.

    I would suggest that you let him know that you are moving in with your girlfriend, or your girlfriend is moving in with you, or you have to move for work and are letting the whole house out to friends of the family, so you are giving him notice. Come up with a plausible excuse and suggest he starts looking for another room.

    There's very little he can do as you are entitled to ask him to leave if you do not feel comfortable.  However, if you give a plausible reason that does not question his impact on you and does not make him feel it is something personal to him, then I feel it will be a lot more amicable.

    ​Hope that helps?

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    I was under the impression a lodger is a lodger and not  a tenant! Therefore a lodger has no tenancy rights and can be asked to leave your premises with reasonable notice

    https://www.spareroom.co.uk/content/info...nd-lodgers

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    Yes but a lodger can refuse to vacate.

    Then you have to change locks etc

    Far better to amicably agree a vacation date.

    No LL of a lodger or tenants really wants any hassle.

    At least if it is amicable then a suitable reference could be given!



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    The term 'lodger' usually implies a licensee, but a lodger can also be a tenant. It all depends on the facts, crucially whether the person has exclusive possession of her room.

    Many assume that 'tenant' means having an assured shorthold tenancy. But that's not the case. An AST is just one type of tenancy.

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    Useful you mention the fact that there are different types of tenancy

    If you know would you be able to advise me the difference between a Statutory Periodic Tenancy and a Contractual Periodic Tenancy

    Apparently a CPT means the tenant is always liable for Council Tax until he surrenders the tenancy or a new tenant takes over the property!

    Not so with a SPT

    Any ideas!?

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    The difference between a Statutory Periodic Tenancy and an Contractual Periodic Tenancy is:

    SPT - comes about at the end of a fixed term tenancy when no other contract is put in place because that is what statute/law says will happen

    CPT - is a tenancy with a start date and no end date which runs from tenancy period to tenancy period until it ends.  The tenant still has the 6 months protected period at the start of the tenancy.

    Council tax has a pecking order for liability. There is a good article here https://blog.painsmith.co.uk/2014/04/24/council-tax/

    Mary Latham Landlord

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    Follow me on Twitter @landlordtweets

    It is misleading, and in fact incorrect, to call a tenancy that starts with a fixed term then continues periodically 'contractual periodic tenancy'.

    Strictly speaking the difference between a statutory periodic tenancy and a 'contractual' periodic tenancy is simply that the former is created by statute. Both are periodic tenancies.

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    Thanks to all of you for your responses - most helpful

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    Anyone living in your home sharing your facilities is a lodge and not a tenant, even if they have exclusive use of their room - which is normal.

    You can simply ask them to leave and its usual to give them 7-14 days notice. Just write a simple letter asking him to leave on a given date. You don't need to explain, it's your home and you have the right to decide who lives there.

    I aboslutely agree that it's always better to end on good terms, not least because you have to see them daily until they go.

    DO NOT ASK HIM TO SIGN AN AGREEMENT AT THIS STAGE  that will only complicate what is a simple situation and there is no legal obligation for you to have one - it's good prectice but not at this point.

    Perhaps you could invite a friend to stay with you until he actually leaves?

    As soon as he moves out change the locks on all external doors.

    Mary Latham Landlord

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    Follow me on Twitter @landlordtweets