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LegalNinja
LegalNinja, Property Solicitor
Category: Property Law
Satisfied Customers: 270
Experience:  Solicitor
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I am looking to rent a room and would like confirmation on

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Hi I am looking to rent a room and would like confirmation on the contract I have written. I am a live in landlord and would like to give a six month fixed term with a 1 month break clause. What differentiates a Lodger and a tenant. I would prefer to rent to a licensee which I believe have less say than a tenant. Please can you help?
Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: Yes
Assistant: Where is the property located?
Customer: wokingham
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: Is this a chargeable service?
Customer: replied 7 days ago.
Hi

Hello,

Thank you for your query.

Customer: replied 7 days ago.
Hello
Customer: replied 7 days ago.
Are you contactactable by phone?

So the main difference between a tenant and a lodger is that a lodger usually lives in the same property as the Landlord. By contrast, a tenant is someone who pays rent for a property you own but do not live in. Further, tenant's have more rights than lodgers which are covered in a tenancy agreement.

Customer: replied 7 days ago.
I am concerned that my agreement is not suitable for a lodger as it gives exclusive rights to his or her room.

Please could you elaborate

Customer: replied 7 days ago.
I can take a picture of the agreement if that helps?

You can however allowing someone to occupy a room during the licence period is not unusual.

What is important is the licencee's obligations in the agreement which should be limited.

Customer: replied 7 days ago.
Ok does this still mean they are a Lodger licensee
Customer: replied 7 days ago.
Can we speak to each other on the phone? Maybe easier or is this not part of £5 trial?

Yes it does.

Yes we can have a chat and will be charged extra by Just Answer I believe (Experts have no control over charges on this site).

Customer: replied 7 days ago.
Excellent is it possible to call me?

There should be a pop-up mentioning a phone call – this is an automatic offer made by the system, giving you the opportunity to pay extra to discuss things over the phone.

Customer: replied 7 days ago.
I would need to call them to find out

I can do it on my end don't worry.

Customer: replied 7 days ago.
I am I can’t have a bill that I am not aware of how much?

The amount is displayed on your screen above.

Customer: replied 7 days ago.
I can’t see it?

See it now?

Customer: replied 7 days ago.
No

Well there should either be a pop-up mentioning a phone call. Alternatively, you can post a Phone Call request through the site.

Customer: replied 7 days ago.
Not at all?
Customer: replied 7 days ago.
I can see it it says a cost but I am not sure what else I will be charged or how long for

Please kindly refer to the sites Terms of Service.

Customer: replied 7 days ago.
Ok I will contact you again if I need further support
Customer: replied 7 days ago.
Thankyou
It's a pleasure.

I would be grateful for a 5 star rating at the top of your screen for my time. It is important to leave a rating as is how Experts are are credited for their time.

All the best.

-LN

Customer: replied 6 days ago.
Would it be possible to check through a contract to reconfirm the rights of the Lodger and confirm if there is anything else I should consider. I can send the document to you if that helps?
Customer: replied 6 days ago.
I understand we can do this via messaging

Yes, we can still do this via this chat.

Customer: replied 6 days ago.
Brilliant
Customer: replied 6 days ago.
I will take a picture of the contract if that is ok?
Customer: replied 6 days ago.
Is that ok?

That's fine no problem.

Customer: replied 6 days ago.
Excellent
Customer: replied 6 days ago.
Can’t see this photo?
Customer: replied 6 days ago.
Sorry meant can you?
Customer: replied 6 days ago.
I can send the final 3 pages

Hi there, yes just about see the document.

Customer: replied 6 days ago.
Pg 3 and 4
Customer: replied 6 days ago.
Last page

As this is a detailed document, what in particular would you like me to look at? I will not be able to review the entire agreement.

Customer: replied 6 days ago.
Is this a lodger agreement with limited rights
Customer: replied 6 days ago.
I am a live in landlord

Ok, what would you describe as reasonable contribution at clause 15? This needs to be clear as this could be disputed.

Customer: replied 6 days ago.
Bills are included should I reword or take out?

Take out if they are included.

Or make is specifically clear that bills are included.

I would suggest that you have a provision for loss of keys to the property. Not to make any copies and bear any reasonable costs incurred by you for any replacements.

Customer: replied 6 days ago.
Can you help write that clause to cover me as a landlord

Sure

1. not to make a copy of the set of keys provided by the Licensor;

2. if the Licensee loses the keys , to notify the Licensor without delay, and bear the costs reasonably incurred of replacement keys and locks;

Change where is says Landlord to Licensor.

Take out clause 4, it does not make sense.

Customer: replied 6 days ago.
Ok
Customer: replied 6 days ago.
1 &2 should go under lodger obligation

Are you happy for the Licencee to smoke?

Insert a clause for them not to smoke in the property.

Customer: replied 6 days ago.
Definitely not

Yes, please insert a clause that they should not.

Whats your view on guests?

Customer: replied 6 days ago.
No guests at all

Please insert :)

After the above, its a good agreement.

Customer: replied 6 days ago.
Smoking is not prohibited in or around the propertyenough?

Smoking is prohibited...

You've said not prohibited.

Kindly leave a positive rating for my time today. :)

Customer: replied 6 days ago.
Is this a lodger licensee agreement where the Lodger has very little rights and would be easily evicted after 1 month if required

It appears to be fine :)

Yes, you have specified this clearly in your agreement.

I would be grateful for a positive rating at this stage. Don't worry, this chat will stay open for any follow up questions!

Customer: replied 6 days ago.
I would prefer to resolve today. Why landlord to licensor?
No problem. Be more than happy to help following your rating. As its after 17:00 my responses will now be slightly delayed.
LegalNinja and other Property Law Specialists are ready to help you
Customer: replied 6 days ago.
Has your day ended?
At work yes. I am still on Just Answer though so not to worry!
To keep it consistent if you are using the term Licencee, you should also use Licencsor.
Customer: replied 5 days ago.
Morning just wondering if you can advise on this clause?
Customer: replied 5 days ago.
31 not sure what this means?