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Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
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Experience:  Solicitor
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My partners mum lives in the annex at the property I own. I

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Hi,
My partners mum lives in the annex at the property I own. I created a lodgers license for her so there was something in writing. We’ve since fallen out and she no longer uses the shared areas and wants to rent the annex as a self-contained entity with no access to the rest of the house. I understand she needs an tenancy agreement and that a lodgers license would no longer be suitable.
Because of the toxicity I expect she will argue she’s not been a lodger in the past and the agreement was null and void.
My questions:
a) Is this something possible.
b) If the tenancy agreement supersedes any other agreement would that cause anything else on it to become void, like a debt stated?
Thanks in advance.
Mark
Customer: replied 10 days ago.
Sorry, didnt notice it chopped of some of my texf:
Because of the toxicity I expect she will argue she’s not been a lodger in the past and the agreement was null and void.
My questions:
a) Is this something possible.
b) If the tenancy agreement supersedes any other agreement would that cause anything else on it to become void, like a debt stated?
Thanks in advance.
Mark

Hello my name is Jamie and I will help you. I am just reviewing your question. This is an email service so there may be delays when responding.

But has historically used the shared areas? Does the lodger pay rent?

Customer: replied 10 days ago.
Hi, yes there was use of shared areas in the main house, the kitchen, dinning room & toilet, she would sit in the dinning area and watch tv. She's said we can back date the rent but no monies have changed hands.

Ok, so no rent. Is there anything written agreement at the moment ?

Customer: replied 10 days ago.
I adapted an license agreement from the internet about a month ago that was signed by both

Ok. So to answer

A) if it was signed a lodger it will always be the case. No rent is paid so they can’t claim to be a tenant.

B) if an agreement is signed, it is binding. If a previous agreement was signed then the new one replaces it.

 

 

Ok. So to answer

A) if it was signed a lodger it will always be the case. No rent is paid so they can’t claim to be a tenant.

B) if an agreement is signed, it is binding. If a previous agreement was signed then the new one replaces it.

 

 

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer, by clicking the button at the top of the screen. I am not paid for my time unless you rate. If you need anything further I am available for a follow up at no extra cost.

 

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Customer: replied 10 days ago.
Great, thanks

Pleasure.

Customer: replied 9 days ago.
Hi, I mentioned a debt on the agreement above, I have a question about that. Can I ask that here?

The debt doesn't become void.

But it may be hard to retrospectively claim rent.