Things you need to know about lodger agreements / license to occupy contracts
As a landlord, it's important to understand everything that goes into a lodger agreement and contract.
It may also be referred to by other names, such as:
This includes the things you should discuss with your lodger in person, as well as what to include in the agreement itself.
What goes into a Lodger Agreement?
There are a few key things that should be included in any lodger agreement or contract. First, there should be a clause specifying the length of the agreement. This is important in case either you or the lodger needs to get out of the agreement early.
Next, there should be a clause specifying the rent amount and when it is due. This is important so that both you and the lodger are on the same page regarding finances.
Finally, there should be a clause specifying what is expected of the lodger in terms of housekeeping and other responsibilities. This is important so that there are no surprises down the road.
If things go wrong, it's important to have a plan in place. First, try to talk to the lodger and see if there is a way to resolve the issue. If that doesn't work, you can always give them a formal warning. If the problem persists, you may need to consider eviction.
By understanding everything that goes into a lodger agreement or contract, you can help ensure that both you and your lodger are on the same page from the start. This can help avoid any potential problems down the road.
How do you Evict a lodger?
If you have a lodger who has broken the terms of their agreement, you may want to evict them. Here are some steps you can take to do so:
1. Give the lodger a written notice that they have breached the agreement and that you intend to evict them.
2. If the lodger does not leave voluntarily, you can then file for an eviction order from the court.
3. Once you have the eviction order, you can then instruct a bailiff to carry out the eviction.
Of course, it is always best to try and resolve any issues with your lodger before taking any legal action. If possible, it is always worth trying to reach an amicable solution. However, if your lodger has breached the agreement and you want them to leave, then taking these steps will help you to evict them.
Some commonly asked questions about Lodger Agreements / Licenses
What are the rights of a lodger under an agreement in England?
As a lodger, you have different rights than a tenant. Instead of a tenancy agreement, you will usually have a licence with your landlord, which outlines the conditions of your stay and any house rules. Your landlord is not legally required to give you a standard notice period if they want you to move out, but they must give you reasonable notice, which is usually 28 days.
There is also no minimum term required by either party. Your privacy is not guaranteed as a lodger, as you are living in the landlord's property with them. Your landlord is not legally required to protect your deposit, but they can do so if they choose. Your landlord must still have annual gas safety checks done and be responsible for keeping the property safe and free from health hazards.
For more information, see the Citizens Advice
What kind of information should be included in a lodger agreement in England?
A lodger agreement in England should include all the information required by UK law, such as the names of the landlord and the lodger, the address of the property, the amount of rent to be paid, the length of the agreement, the notice period to be given, and the payment of deposits or other fees.
It is also important to include any additional information that the landlord and the lodger may have agreed upon, such as the lodger’s responsibilities for keeping the property clean and tidy, the rules for visitors, and what items the lodger may be allowed to bring into the property. It is also important to make sure that the agreement clearly states who is responsible for any damage or repair costs that may arise during the tenancy.
What are the responsibilities of a lodger and a landlord in an agreement in England?
The responsibilities of a lodger and a landlord in an agreement in England will depend on the terms of the agreement. Generally, the lodger’s responsibilities include paying the rent on time, keeping the property clean and tidy, following the rules for visitors, and notifying the landlord of any damage or repairs that may be required. The lodger should also not cause any disturbance or nuisance to their neighbours.
How much notice is required for a lodger to leave a property in England?
In England, the amount of notice required for a lodger to leave a property depends on the terms of the agreement. Generally, the notice period should not be less than one month, and the lodger should be given reasonable and proper notice before being asked to leave the property.
However, it is important to note that the lodger may be asked to leave the property without notice if they fail to comply with the terms of the agreement, such as failing to pay the rent.
In these cases, the landlord may apply to the court for a possession order, which can be used to evict the lodger from the property. A tenant can get free advice here
What is the difference between a tenancy and a lodger’s licence agreement?
A tenancy is a legal agreement between a landlord and a tenant that gives the tenant exclusive rights to use and control a particular property for a certain period of time.
A lodger licence is a personal permission for someone to occupy a property or land without having any legal interest in it. This means that the occupier does not have exclusive possession and the landlord can enter the property without permission.
It is important to understand the difference between a tenancy and a licence because the tenant in a tenancy agreement has exclusive use of the property, while a licensee does not. This means that in a tenancy agreement, the tenant has the right to use their own room without the landlord being able to enter it without permission.
However, in a licence agreement, the tenant may have to share their room with someone they did not choose, and the landlord may have unrestricted access to the room. Additionally, in a tenancy agreement, the tenant has exclusive rights to a particular room or property, while in a licence agreement, the tenant may be able to move around.
Evicting a lodger
As a landlord, you may be wondering how to correctly evict a lodger in England and Wales. It's important to know that lodgers and other 'excluded occupiers' do not have the same rights and protections against eviction as tenants or 'contract holders' in Wales.
You can ask a lodger to leave your property after giving them notice, if they have a rolling lodger agreement without a fixed end date. You can also ask them to leave without notice if the lodger had a fixed term agreement and the fixed term has come to an end. If you both agree to end their agreement early, you can also do this.
If there is a written agreement in place, like a Lodger agreement, this should state the amount of notice that needs to be given. If the lodger agreement doesn't specify a required notice period, the landlord must give their lodger reasonable notice to leave the property. Reasonable notice often means the duration of the rental payment period. For example, if your lodger pays rent weekly you can give one week’s notice or, if they pay monthly, you can give one month’s notice.
If your lodger doesn't leave at the end of a valid notice period or their fixed term, you don't need a court order to evict them.You can evict them 'peaceably', for example by changing the locks on the lodger’s room while they’re not there, even if they’ve left their belongings there. You must never use or threaten violence to evict somebody.
If an occupier has basic protection, you cannot evict them during a fixed term agreement unless there is a break clause in your agreement. However, you can apply to the court for a possession order after the end of the fixed term without giving them notice.
A lodger can end the lodger agreement by giving their landlord notice of their intention to leave. They cannot do this during the fixed term of the agreement unless there is a break clause.
If the lodger leaves before the end of the fixed term, they will still be liable to pay the rent for the whole term. In a periodic (ie rolling) agreement, the amount of notice the lodger needs to give depends on the agreement (if there is one). If there is no specific agreement, the lodger must give their landlord reasonable notice (ie ‘notice to quit’). This is usually at least 28 days (if they pay weekly) or 1 month (if they pay monthly). A landlord and lodger can end an agreement at any time if they both agree.
Are there any restrictions on the number of lodgers allowed in a property in England?
In England, there are no legal restrictions on the number of lodgers allowed in a property. However, it is important to consider the size of the property and the number of people living in it.
The Health and Safety Executive recommends that the number of people living in a property should not exceed the maximum occupancy set out by the local authority. It is also important to consider the fire safety of the property and make sure that there are enough exits in the event of a fire.
In addition, it is important to bear in mind that if the landlord has a mortgage on the property, the lender may have restrictions on the number of lodgers in the property.
What is the minimum age for a lodger in England?
In England, the minimum age for a lodger is 18. This is because those aged under 18 are considered to be minors and do not have the legal capacity to enter into a lodger agreement.
In addition, if the lodger is aged under 18, the landlord will need to obtain written permission from the lodger’s parent or guardian before they can enter into an agreement.
What are the tax implications of a lodger agreement in England?
In England, a lodger agreement may have tax implications. The lodger is likely to be liable for income tax on the rent they receive from the landlord. The lodger must inform HMRC of their rental income and declare it on their tax return.
The landlord may also be liable for tax on the rent they receive from the lodger. The landlord must declare the rent they receive on their tax return and may be liable to pay Capital Gains Tax on any profit they make from the rental income.
In addition, the landlord may be liable for Stamp Duty Land Tax (SDLT) on the rent they receive from the lodger. The amount of SDLT payable depends on the amount of rent received and the value of the property.
You can read more about taking in a lodger here:
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