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LegalNinja
LegalNinja, Solicitor
Category: Law
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Experience:  Solicitor
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My husband and I are just about to take in one lodger which

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Hi, My husband and I are just about to take in one lodger which is normally quite simple re rights, etc. The property is our main home however due to business and having a 2nd home in France we only spend 4 to 5 months in the property over a year. I am concerned that this may give the lodger extra rights to the property.
Customer: replied 7 days ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.

Hello,

Letting the property to a lodger should not be a problem. You can regain possession of the property by using a notice to quit instead of launching possession proceedings. I would suggest that you have a lodger's agreement in place to ensure the lodger does not dispute the type of tenancy.

Is there anything else I can clarify?

Customer: replied 7 days ago.
It is not a tenancy.
This does not answer my question. We will be in possession of the property as we live there
but only for 5 months of the year due to work and other commitments
Customer: replied 7 days ago.
It is not a tenancy.
This does not answer my question. We will be in possession of the property as we live there
but only for 5 months of the year due to work and other commitments.

A lodger is a type of tenancy. Yes, you will as it will still be your home.

Customer: replied 7 days ago.
I wanted to know if because we are not there for 7 months of the year whether this gives a lodger extra rights

No, your agreement will cover this licence permitting non-exclusive occupation on a short term basis.

Customer: replied 7 days ago.
is there a special clause I should put into the lodger's agreement?

This licence shall end on the earliest of:

(a) DATE ON WHICH LICENCE TO END;

(b) the expiry of not less than INSERT weeks' notice given by the Licensor to the Licensee if the Licensee breaches any of the Licensee's obligations contained in INSERT; and

(c)the expiry of not less than INSERT weeks' notice given by either party to the other.

Termination of this licence shall not affect the rights of either party in connection with any breach of any obligation under this licence which existed at or before the date of termination.

Something like this will be fine. Licencee's obligations in the agreement should be limited.

Will that be all today? :)

Customer: replied 7 days ago.
Sadly didn't really answer my question. I wanted to know if the lodger would have extra rights because of our long absences.

The answer is no.

So long as the Licencee's obligations are limited in the agreement that you will have.

Does that answer your question now?

Customer: replied 7 days ago.
Ok thank you :) that is the answer I needed.

 

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