lodger agreement

Rating: 
3
Average: 2.5 (2 votes)

Tenants who share a unit with their landlord are also known as "excluded occupants." This is a term used in apartments to identify your housing rights. Entering a tenant has fewer legal requirements than leaving a full property. A rental agreement is used when a landlord wants to rent a room in a furnished property where the landlord lives and shares common areas of the property (e.g. bathroom, toilet, kitchen and living room) with the tenant or tenant.

Excluded occupiers have very few legal rights. You may have certain contractual rights that have been orally agreed with your landlord or that are set forth in your contract. However, it can be difficult to enforce their rights, as excluded inmates can be easily evacuated.

lodger agreement: house front door

What is a lodger?

A lodger is someone who lives with you in your home and shares the living space with you, such as the bathroom or the kitchen. They may have your room, but live in your home with your permission and have agreed that you have no right to exclude them from your room or part of your home. Tenants can receive additional services such as housekeeping, laundry or meals.

What is the difference between lodging and subletting?

A sub-runner and a tenant can rent rooms, although a sub-lieutenant can also rent an entire property and not just a portion of it. The main difference between a subnant and a tenant is that a sub-lieutenant uses only his room. Your landlord needs permission before you can enter the sub-lieutenant's room. A tenant's landlord can enter the tenant's room without permission and often does so to provide services such as housekeeping.

In practice, if you share a living space with your landlord, such as the bathroom or kitchen, then your rights are similar if you are a sub-lieutenant or tenant. People who share a home with their landlord are generally referred to as "excluded residents." This is a term used in apartments to identify your housing rights. Excluded occupants have very limited rights.

Do you have the right to house a lodger when renting your home?

In many cases, tenants need their landlord's permission before they can accommodate a tenant. Your rental agreement may contain a clause to do so, so you should always check it first. If you need permission, it is best to receive this in writing.

Do you have the right to accommodate a tenant if you own your home?

Mortgage contracts often include a clause that requires the landlord to obtain permission from the lender before renting the property in whole or in part. You should review your mortgage agreement to see what your lender needs. If you are a tenant or live in a shared property, you should check your lease to see if there are conditions for a tenant to settle in. You may first need to obtain the landlord's consent.

What if your landlord wants you to leave?

You have the right to stay in your accommodation until one or the other:

  • Your fixed-term contract has expired
  • You have a regular agreement and your landlord has given you an exit notice.

Temporary contracts

  • If you have a fixed-term contract, for example, six months, you can only be evicted by your landlord if:
  • this mandate has expired
  • there is a term in your contract known as "broken lause" that allows a previous termination of the contract - if there is an interruption clause, the landlord may expel you after giving you the notice mentioned in this clause.
  • The Home Office tells your landlord that you are not allowed to rent in the UK - your landlord must give you at least 28 days in advance to go

Regular agreements

If you have a recurring contract, that is, a contract ranging from one rental period to another, you must be notified before eviction. Your agreement may set the required notice period. If the agreement says nothing about notice periods, it depends on whether you share a home with your landlord.

If you share roommates with your landlord, you are likely to have an excluded license and are therefore entitled to a "reasonable" termination. There are no fixed rules, which is reasonable, but it will depend on things like:

  • how long you lived there
  • The duration between your rental periods

Your landlord cannot provide you with less reasonable information, no matter how much notice you have put into your agreement.  If you do not share a living space with your landlord, you may have an excluded rent. This means that there are different rules for the notification you receive. Get help from your nearest civic tips if you want to understand your rights as an excluded tenant.

Does your landlord need a possession order to evict a lodger?

Your landlord doesn't need a court order to evict you, but you can get one if you want it.

Deport peacefully

As long as your term contract is terminated or you have received a holiday notice about your recurring contract, your landlord may distribute it peacefully. For example, you can change locks while on the move. If your landlord uses physical violence against you or threatens to expel you, you may commit a crime.

What does a lodger do if they want to leave?

If you have a fixed-term contract

If you have a fixed-term contract, you can only leave early if:

  • There is a clause in your contract that is known as the breakout clause that allows you to terminate the contract before
  • Your landlord agrees to terminate the contract earlier - it's a good idea to ask your landlord to confirm it in writing

If you leave before the end of the term without the consent of your landlord, you are required to pay the rent for the entire duration.

If you have a regular agreement

 

If you have a recurring agreement, you must specify the notification period in your contract. If the agreement does not say how much termination is required, it depends on whether you have an excluded rental agreement or an excluded license.

As a tenant, you probably have a permit, which means you need "aisonnabl". There are no fixed rules for what is reasonable.

Need more help?

If you are looking for more information request a free callback off of one of our specialists!