Tenancy Agreement?

Kingy · 6 Jul 2006 at 14:18

Hi all,

I've advertised my spare room for rent, and need to get a tenency agreement in place. Any ideas on what I should be looking for/where from/how much etc?

leaskovski · 6 Jul 2006 at 14:25

Kingy said:
Hi all,

I've advertised my spare room for rent, and need to get a tenency agreement in place. Any ideas on what I should be looking for/where from/how much etc?

Got some interesting links at home which i can post here for you. I just need to remember when i get in.

Things to look for...
1) Is it a Tenancy or a Licence
2) Will your house be classed as HMO house under multiple occupency
3) Its best to write your own contract then get it looked at. You wanna include all the rules and payment conditions that you want them to abide by.

PaulStat · 6 Jul 2006 at 14:26

Think you can get those sort of things from WHSmiths for a fiver, it's where my LL got our tenancy agreement contract thingy from

Skiddley · 6 Jul 2006 at 14:27

Yep an Assured Shorthold Tennancy document from WHSmith will do.

leaskovski · 6 Jul 2006 at 14:34

You could do that, but it tends to give the tenant more rights.

Edit...

Very Important, IE will you have to pay money to the council...
http://www.communities.gov.uk/index.asp?id=1151996

Good source of info about letting rooms in your home (guide for resident landlords)
http://www.communities.gov.uk/index.asp?id=1151937

I hope this helps...

PaulStat · 6 Jul 2006 at 14:35

leaskovski said:
You could do that, but it tends to give the tenant more rights.

hell yeah

Skiddley · 6 Jul 2006 at 14:36

Yea sod it, don't have any agreement giving him lodger rights and thus the ability to kick him out whenever you want

Raymond Lin · 6 Jul 2006 at 15:28

Skiddley said:
Yea sod it, don't have any agreement giving him lodger rights and thus the ability to kick him out whenever you want

The way which the court decide if the tenant has a Licence or a Lease (which as more rights under the law) is not what is writen down but actually what rights he has under the agreement. It is reality over opinion if you like.

If he has all 3 of these following he will have a lease.

1 - Exclusive possession
2 - Certainty of Duration
3 - Correct Formalities.

Kingy · 6 Jul 2006 at 16:24

AFAIK I won't fall into the HMO issue as there is only myself and two tenants.

Thanks to all that have posted. The WHSmiths TA seems to have been discredited, are there any others I should look out/pay extra for?

FordPrefect · 6 Jul 2006 at 17:23

You dont actually need a formal written agreement if he is moving into a house which you also reside in I believe. Infact you might be better off without one as if he is just a lodger you can kick him out pretty quickly if the need arises.

apatia77 · 6 Jul 2006 at 17:40

Try something simple as this:

ACCOMMODATION AGREEMENT – ROOM ONLY

An agreement to rent accommodation at xxx xxx xxx made on xxx 2006.

Name of Tenant: _______________________________________________

Name of Accommodation Provider: Bart Simson

The Accommodation Provider Agrees To:
-Pay Gas, Electricity, Water, Telephone line and Council Tax charges.
-Provide and maintain the premises in good order and condition.

-Allow the tenant access to and use of Bedroom (as inspected), Kitchen, Bathroom and Toilet.

-Allow the tenant privacy and unconditional access to the room and described facilities.

The Tenant Agrees To Pay:

-Bond of £00.00 on xxx 2006.

-Rent of £00.00 commencing on xxx 2006 and each £00.00 week thereafter.

The Tenant Also Agrees To:
-Provide 4 weeks notice when vacating the property or will vacate the property on _________(date) .

-Respect the rights of the accommodation provider by:
-Not damaging the room or the premises,
-Using the room for personal use only,

The Accommodation Provider and the Tenant each agree:
-The flat and the property of other flatmates will be treated with appropriate care.
-Illegal, unlawful or unsociable activities will not be undertaken on the premises.
-All common areas will be kept in a reasonably clean and orderly state.
-Excessive noise and other disturbances will not be created.
-All difficulties in the flat will be openly discussed to try reach a mutually satisfactory resolution.

Signatures:

Tenant _______________________________________Date

Accommodation Provider _________________________ Date

Hope it will help you,
I did use this one myself.

Indy500 · 6 Jul 2006 at 17:44

Skiddley said:
lodger rights and thus the ability to kick him out whenever you want

I have that and it sucks.

leaskovski · 6 Jul 2006 at 18:13

apatia77 said:
Try something simple as this:
All that jazz

Spot on. Very simple no daft wording. Pretty much i have knocked up for my licensee.

Edit,

Oh you might wanna include a line in saying that you can review the amount at any time giving 1 months notice if a change is required. Helps a little bit

scoobyrichuk · 7 Jul 2006 at 19:09

Kingy said:
AFAIK I won't fall into the HMO issue as there is only myself and two tenants.

Thanks to all that have posted. The WHSmiths TA seems to have been discredited, are there any others I should look out/pay extra for?

I wouldn't bet on the HMO issue not affecting you. I'm trying to find a house to rent with two friends and it's almost impossible because of this HMO crap. If you're related to any of the people you live with it's not a problem but all the estate/letting agents in my area (Worcestershire) have told me that more than two unrelated people living together is now an issue...

Kingy · 8 Jul 2006 at 15:51

McHaMmEr said:
I wouldn't bet on the HMO issue not affecting you. I'm trying to find a house to rent with two friends and it's almost impossible because of this HMO crap. If you're related to any of the people you live with it's not a problem but all the estate/letting agents in my area (Worcestershire) have told me that more than two unrelated people living together is now an issue...

Well I own and live there, and one of the tenants is my brother, so hopefully it won't be an issue.