Lodger Agreement - Template Form to Create Word and PDF Pro · UK-law
✓ Valid in United Kingdom · drafted to comply with local law
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LICENCE TO OCCUPY
(LODGER AGREEMENT)
This Agreement is made and takes effect on the date of the last signature of the Parties.
THE PARTIES
1. The Owner:
________ whose address for service of proceedings and notices is:
________
('the Owner')
2. The Licensee:
________ of:
________
('the Licensee')
(together 'the Parties' and each a 'Party')
RECITALS
(A) The Owner occupies the Property as the Owner's only or principal home and wishes to permit the Licensee to occupy a room within the Property on the terms of this Agreement.
(B) The Parties intend that the Licensee shall be a lodger sharing the Owner's home and that this Agreement shall create a licence and not a tenancy or any interest in land.
THE PARTIES AGREE AS FOLLOWS:
3. Definitions
In this Agreement the following expressions shall have the following meanings:
Licence means the personal licence created by the terms of this Agreement.
Term means the period of this Agreement, beginning on the Commencement Date and ending on the Termination Date (subject to earlier termination in accordance with clause 13).
Commencement Date means ________.
Termination Date means ________.
Furniture and Furnishings means the fittings, furniture, furnishings and other items contained in the Room and available for use by the Licensee, as set out in an inventory to be provided to the Licensee prior to the Commencement Date.
Licence Fee means the sum of \u00a3________ (________) per week.
strong>Deposit means the sum of \u00a3________ (if any) paid by the Licensee to the Owner as security for the performance of the Licensee's obligations under this Agreement.
The Property means the Owner's dwelling at ________, which the Owner occupies as the Owner's only or principal home.
Room means the room or rooms within the Property from time to time allocated to the Licensee at the sole direction of the Owner.
4. Interpretation
In this Agreement unless otherwise specified:
4.1. the words "include", "includes" and "including" are deemed to be followed by the words "without limitation";
4.2. the word "liability" includes all costs, loss, damage, expenses and claims incurred or suffered by the relevant Party;
4.3. the word "Utilities" refers to electricity, gas, water, foul water and surface drainage services, heating, ventilation, air conditioning, smoke and fumes-related services, signals, electronic communications and all other utilities serving or consumed at the Property;
4.4. words introduced by the word "other" do not have a restrictive meaning even where preceded by words indicating or referring to a particular class of acts, things or matters;
4.5. an obligation not to do something includes an obligation not to cause or allow that thing to be done;
4.6. a reference to one gender shall include a reference to the other genders;
4.7. a reference to clauses is a reference to a clause under this Agreement; and
4.8. a reference to particular legislation is a reference to that legislation as amended, consolidated or re-enacted from time to time and all subordinate legislation made under it from time to time, as in force at the relevant time.
5. Nature and Scope of the Agreement
5.1. This Licence does not grant the Licensee exclusive possession of the Room or any part of the Property.
5.2. This Licence does not create the relationship of landlord and tenant between the Owner and the Licensee.
5.3. This Licence does not create a tenancy, an assured tenancy or an assured shorthold tenancy, and the Owner and Licensee intend that the Licensee shall occupy as an excluded occupier sharing the Owner's home within the meaning of section 3A of the Protection from Eviction Act 1977.
5.4. The Licensee shall not be entitled to any statutory protection or security of tenure under the Housing Act 1988, the Rent Act 1977 or otherwise.
5.5. The Licence is personal to the Licensee and may not be assigned, sub-let or otherwise transferred.
6. Licence to Occupy
6.1. The Owner grants the Licensee a personal licence to occupy the Room and to use the Furniture and Furnishings for the Term.
6.2. The Licensee may only share the occupation of the Room with such person or persons as the Owner may approve in advance and in writing.
7. Payment of the Licence Fee
7.2. The Licence Fee shall be paid by the following method: ________.
8. Keys
8.1. The Owner will provide one set of keys only for the Room and the Property at the Commencement Date.
8.2. The Owner may issue further sets of keys to any persons approved to share occupation of the Room at the Owner's sole discretion.
8.3. If the Licensee loses a key, the Owner will replace it upon the Licensee paying the reasonable cost of having a replacement cut.
8.4. The Owner shall retain the Owner's own set of keys and the Owner and any persons authorised by the Owner may use these keys and obtain entry to the Room at any time, the Parties acknowledging that the Licensee does not enjoy exclusive possession.
9. Access and Facilities
The Licensee shall have the right to use the following in common with the Owner and any other licensees of the Owner:
9.1. the main entrance to the Property;
9.2. the landings and hallways at the Property in order to access the Room;
9.3. the kitchen area in order to prepare and store food;
9.4. the bathroom and toilet;
9.5. the lounge area;
9.6. the garden area; and
9.7. the following further areas or facilities:
________
10. Utilities
10.1. The Licence Fee includes an amount to reflect the cost of Utilities consumed or supplied in the Room during the Licensee's occupation and a proportion of the Utilities consumed or supplied in the shared parts of the Property used by the Licensee.
10.2. No further sums for the supply or consumption of Utilities shall be payable by the Licensee, save where the Licensee accrues unreasonable and excessive charges during their use of the Utilities at the Property.
11. Licensee Obligations
The Licensee:
11.1. must share the Property amicably and peacefully with the Owner and any other permitted occupants;
11.2. must not keep any pets in the Room unless explicit written permission is provided by the Owner;
11.3. must ensure that the Room is kept in a clean and tidy state and ensure that all waste and rubbish is disposed of appropriately;
11.4. must not do anything which would invalidate the Owner's insurance policy;
11.5. must assist in ensuring that the Property is kept in good condition and make good or replace any damage to the interior or to the Furniture and Furnishings (fair wear and tear excepted);
11.6. must not remove any Furniture or Furnishings from the Property;
11.7. must not use the Room or the Property for any illegal or immoral purpose, nor cause a nuisance or annoyance to the Owner, other occupants or neighbours;
11.8. must vacate the Property on the Termination Date and leave the Room and the Property in a clean and tidy state; and
11.9. must return all keys to the Owner on the Termination Date.
12. Owner Obligations
The Owner:
12.1. must ensure that the Property is fit for human habitation, in accordance with the Homes (Fitness for Human Habitation) Act 2018 and section 9A of the Landlord and Tenant Act 1985, at the Commencement Date and for the duration of the Term;
12.2. must keep the structure and exterior of the Property in good repair;
12.3. must keep in good repair and proper working order the installations at the Property for the supply of Utilities;
12.4. must maintain adequate insurance in respect of the Property and the Furniture and Furnishings;
12.5. must ensure that the Licensee may peaceably occupy the Room and use the shared parts of the Property for the duration of the Term, subject to the Owner's rights of access under this Agreement;
12.6. must ensure that all gas appliances, fittings and flues are maintained in a safe condition and checked annually by a Gas Safe registered engineer in accordance with the Gas Safety (Installation and Use) Regulations 1998;
12.7. must ensure that the electrical installation and all electrical appliances and equipment supplied are safe and comply with the relevant safety regulations, including the Electrical Equipment (Safety) Regulations 2016; and
12.8. must ensure that smoke alarms and any carbon monoxide alarms are installed and in working order in accordance with the Smoke and Carbon Monoxide Alarm (England) Regulations 2015, and that the furniture supplied complies with the Furniture and Furnishings (Fire) (Safety) Regulations 1988.
13. Termination
The Licence may be ended:
13.1. with immediate effect upon service of written notice from the Owner, if the Licence Fee is not paid within ________ days of the day on which it becomes due;
13.2. with immediate effect upon service of written notice from the Owner, if the Licensee is in material breach of any of the terms of this Agreement;
13.3. immediately, if the Property or the Room becomes uninhabitable by reason of fire or some other catastrophic event outside the control of the Owner;
13.4. with immediate effect upon service of written notice from the Owner, if the Licensee becomes bankrupt, has a bankruptcy order made against them, enters into an arrangement with creditors or has a receiver appointed over their assets;
13.5. by either Party giving to the other not less than ________ weeks' written notice.
13.6. The Parties acknowledge that, the Licensee being an excluded occupier sharing the Owner's home, the Owner is not required to obtain a court order to recover possession but must give reasonable notice and may not use or threaten violence to secure entry.
14. Notices
14.1. Any notice under this Agreement may be served on the Licensee by hand and the following shall apply:
14.1.a. the notice must be left in the Room or in any other part of the Property from where post is usually collected, clearly marked for the attention of the Licensee; and
14.1.b. the notice shall be deemed to have been received 48 hours thereafter.
14.2. Any notice under this Agreement may be served on the Licensee by email and the following shall apply:
14.2.a. the notice must be sent to the following email: ________; and
14.2.b. the notice shall be deemed to have been received 48 hours following transmission.
14.3. Any notice to be served on the Owner may be served by hand and the following shall apply:
14.3.a. the notice must be left in the relevant part of the Property from where the Owner's post is usually collected, clearly marked for the attention of the Owner; and
14.3.b. the notice shall be deemed to have been received 48 hours thereafter.
14.4. Any notice under this Agreement may be served on the Owner by email and the following shall apply:
14.4.a. the notice must be sent to the following email: ________; and
14.4.b. the notice shall be deemed to have been received 48 hours following transmission.
15. Data Protection
15.1. The Owner shall at all times comply with the UK General Data Protection Regulation and the Data Protection Act 2018 and shall only collect, process and share the personal data of the Licensee in accordance with those laws and for purposes connected with this Agreement.
15.2. Where the Owner is required to verify the immigration status of the Licensee under the Immigration Act 2014, the Owner shall process such documentation only for that purpose and retain it only for so long as is lawfully necessary.
16. Severance
If any provision or part of any provision of this Agreement is found to be invalid or unenforceable, it shall be treated as severed from this Agreement, but the severance of the provision or part-provision shall not affect the validity or enforceability of the remainder of the Agreement.
17. Variation
A variation to this Agreement shall only be effective if it is made in writing and signed by, or on behalf of, both Parties.
18. Entire Agreement
This Agreement constitutes the entire agreement between the Parties and supersedes all prior discussions, arrangements, representations or understandings between them relating to its subject matter.
19. Governing Law and Jurisdiction
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the law of England and Wales, and the Parties submit to the exclusive jurisdiction of the courts of England and Wales.
20. Third Party Rights
A person who is not a Party to this Agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
AGREED BY THE PARTIES:
Signed by the Owner
__________________________________________
Signature of ________
__________________________________________
Date: ________
Signed by the Licensee
__________________________________________
Signature of ________
__________________________________________
Date: ________
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