LG John

My flatemate recently took his first step on the property ladder leaving me with an empty room in my 2 bed flat. I'd like to get someone to share with me but have no idea where I (or they for that matter) stand legally. Since it will probably be someone I don't know I'd like to retain some kind of control so that if he/she turns out to be a total ******* I can get them out asap. What sort of contract(s) should I consider and is there anywhere I can get a hold of something fairly standard online that I can download.

All advice appreciated Oh and its in Edinburgh if anyone is interested

kevin stanton

ASSURED SHORTHOLD TENANCY AGREEMENT

THIS AGREEMENT is between
The Landlord: ................. and
The Tenant: ...................……………………...........
The Property: ................................................
Period of Tenancy: ............ To................
Rent: £..…….... per week
Method of payment: cash or cheque
Dates for payment: every Monday
Damage Deposit: 4 weeks rent
Date: ...............
This contract is between the Landlord and the tenant who are jointly and severally responsible.
The Landlord agrees that the Tenant may live in the property for as long as the tenancy lasts. The tenant agrees to live in the property and pay the agreed rent. The tenant will pay the rent by the method, and on the days set out above.
THE TENANTS RESPONSIBILITIES ;
The tenant agrees the following with the Landlord:-
Deposit: The tenant will pay the Damage Deposit to the Landlord when he or she signs this agreement. The tenant will pay all rental and standing charges for the Gas, Electricity and Telephone as agreed to be divided between the other tenants. The tenant will pay any Council Tax due. The tenant agrees to keep the property clean. The tenant will avoid fixing posters etc. to walls in a manner which will cause damage. Repairs: The tenant will keep the property in good repair during the tenancy. The tenant similarly agrees to keep the furniture and other contents in good condition. The tenant will replace any items which go missing or are damaged of the same value. The tenant will make sure there are no alterations of any kind to the property. The tenant agrees to turn off the water supply if the property is left for a period of time when there is risk of burst pipes and to unstop the sink, basin, bath or toilet if blocked by waste. The tenant must not take in lodgers or paying guests, and must not keep pets. No one else to live in the property apart from the tenants named, the tenant must not transfer to anyone else the rights which have been granted to him or her by this agreement. Weekend breaks, short breaks allowed but prior consent should be given. No parties allowed unless prior consent is given with details. The insurance policy strictly states Tenants named on the policy. Rights to inspect the property: The tenant must allow the landlord, or anyone who has the landlords permission to do the following at any reasonable time after giving notice. To inspect the property, if the landlord gives the tenant a notice saying that the property has faults which are the tenant's responsibility, the tenant must put right these faults immediately; To read any meters. To carry out any work on the property. The contents must be in the same rooms and in the same condition as they were at the beginning of the tenancy. Where emergency repairs are required the landlord or his agent may enter without prior notice. Not to cause nuisance to other tenants or neighbours and in particular not to cause or permit undue noise between 10.00pm and 7.30am Not to park any vehicle in such a way as to cause nuisance or obstruction to any other tenant or neighbour. Not to use the property for any illegal or immoral purpose. Not to keep any rubbish of any kind on the property beyond the period of regular refuse collection.

THE LANDLORDS OBLIGATIONS;
The landlord agrees with the tenant that the tenant can live in the property during the tenancy without any unreasonable interruption from the landlord. The landlord agrees to pay the charges for water levied upon the property. The landlord agrees to keep the following in good condition and working order:- The main structure of the property The outside parts of the property Water gas and Electricity supplies Subject to damage not being caused by the tenant. The landlord agrees to pay back the damage deposit once the tenancy is over as long as the tenant has not broken any of his or her obligations. BRINGING THE TENANCY TO AN EARLY END:-The landlord can bring the tenancy to an end at any time, go into the property and take it back if: THE RENT IS NOT PAID WITHIN 7 DAYS of being due or the tenant does not keep to any of his or her responsibilities as agreed in this agreement.
The Landlord's Signature .................... Date ........................
The Tenant's Signature .................... Date ........................

ProperCharlie

in my experience "flat share" arrangements tend to be informal. get at least 1 month's rent as deposit, and as for your "contract termination" arrangements - a couple of mates with axe handles should suffice, if it comes to that.

kevin stanton

ohh, i originally downloaded this from the notts university website

imlach

Yes, the above Short Assured Tenancy is really when renting out the WHOLE property to someone....

With a flatshare, an informal arrangement is fine, but you can formalise things if you like. My solicitor does a formal lease for tenants (Short Assured Tenancy) for £30, so sure he'd do a flatshare one for same or less.

Do be beware though - get rent ALWAYS ALWAYS on time, with no excuses. If they don't pay on time, they're out. Had a mate who rented a room to what appeared to be an ok bloke, but he turned out to be an utter a$$hole...

imlach

The other piece of advice is to fit an extra mortice lock to your front door.....and NEVER give this key to the flatmate. That way, if he becomes a problem, you start using the mortice lock such that he can never gain entry.

LG John

Cheers for the advice guys. I'd probably be happy with an informal relationship! I guess I was fearing that if the person dug their heels in they might have legal rights to stay for 1-2-whatever weeks/months and I'd not be able to get them out.

imlach

I'd definetely draw up some form of document for him to sign though - stating monthly rental amount, what is/is not included in this, etc etc.

douglasb

Not wanting to put you off or anything, but get references and check them out. Even that is not foolproof, as this guy rented my spare bedroom for about 18 months when I lived in London. His references were fine - but this was before "his problems" started.

He did pay his rent on time and didn't cause any problems.

Pixxie

Citizens advise will help you for nought!

Midmotorsteve

legally you don't have to do jack, except that is make more than £3500 per annum, this is allowed by the tax man under a special scheme, more than this amount and then you have to do all the declaring it business etc

Over the last 4 years i have rented a room to 3 different people, just used my judgement on them, never took a deposit, made them set up direct debit to my account 1st every month and that was it never had a problem, mind i never advertised the room, only told mates i was willing to rent so people were already known and vouched for, if i wasn't keen on them i said it wasn't convienient. I'd never take a total stranger in, even if you do everything properly, contract etc what good is it if they pick up your car keys and nick your car etc. Main thing is know who your letting stay.

Midmotorsteve

This is good advise, I have a second dead lock I don't give the key out for, I have never used the lock in 4 years but its there should it be needed.

Wish

iTrader: (2)

Give them a pint of milk and a loaf of bread once a week and call it bed and breakfast.
Then you can kick them anytime you want