How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask JimLawyer Your Own Question
JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 6554
Experience:  Senior Associate Solicitor
97337639
Type Your Law Question Here...
JimLawyer is online now

I live in a house 3 days a week and have 3 other people

This answer was rated:

Hi I live in a house 3 days a week and have 3 other people living in the house. I made a lodgers agreement and had them sigh it. Is it ok to lodgers agreement or should I do six months tendency agreement. Am I allowed to take a deposit from lodgers

Hello, this is Jim and I am a dual-qualified lawyer (UK and Republic of Ireland) and happy to help you today.

If you share the living space then they are lodgers and not tenants. You can have a lodger's agreement if you wish - it would help confirm the contract between you and the lodgers. You can download a lodger agreement (and tailor it) at this website: https://www.rocketlawyer.com/gb/en/documents/lodger-agreement

Yes, you can take a deposit (and you do not have to protect it in a government-backed scheme either).

I hope this helps – if you can please rate the answer by clicking the 5 stars (the top of your screen & then click “submit”), I can answer follow up Q&A's at no extra charge and I will be credited for helping you today.

Many thanks,

Jim

Customer: replied 8 days ago.
As I work away I don’t always stay there but get my agent who I don’t charge rent stays there or spends time there and uses the extra bedroom as his office

Thanks, the key is that it is your property and you share the living space with them (for them to be classed as lodgers, not tenants). It's fine if you spent some time there (you wouldn't have to be there full time)

Customer: replied 8 days ago.
The house is is joint ownership but I don’t want to handle financing as in tax so agreement is in my husband name.
That’s fine, you can still take in lodgers
Customer: replied 8 days ago.
Thanks also how much notice do I need to give them if I need them to leave. I have monthly and weekly contract
Customer: replied 8 days ago.
They moved in and second month aren’t paying rent

It depends the frequency on their payments - so if they pay weekly they get 7 days' notice. It can be verbal notice too.

Customer: replied 8 days ago.
Do I need to sleep there or can I be there during the day
Customer: replied 8 days ago.
Monthly

You don't need to sleep there, it just has to be your main residence. They get one month's notice then.

In terms of your question of whether you need a lodger agreement and whether you can take a deposit from them, please let me know if any of what I have said requires clarification. I am happy to help. In the meantime if you could either leave a rating and click “submit”, or confirm that I have answered your question for you, I would be very grateful.

Many thanks,

Jim


JimLawyer and 2 other Law Specialists are ready to help you
Customer: replied 8 days ago.
Thank you
Customer: replied 4 days ago.
I have three lodgers in my house and just come home and she started on me by screaming and shouting at me. Saying that they are tenants not lodgers. I verbally have given a months notice. All rooms have locks on doors
Customer: replied 4 days ago.
Dear Abbeygail Gray,

You currently have an excluded lodger agreement with me because you share accommodation with me in my home.
It is with regret that I wish to terminate the lodger agreement.
I therefore hereby give you notice that I require you to vacate the room, premises, facilities you share with me and my home on or before 07/02/2019 notice, ideally day before licence fee becomes due].
It is important that you are made aware that after the above date has passed, I do not need a court order to obtain possession because you will be an excluded lodger.
For further information, please see this Gov.UK page about lodgers: https://www.gov.uk/rent-room-in-your-home/your-lodgers-tenancy-type.
If you are unsure about the contents of this letter you are urged to seek independent legal advice

Yours sincerely


Mr G and Mrs M Singh
Landlord/Landlady/Agent
Customer: replied 4 days ago.
Can serve this notice or do I serve section 21