Lodger Agreement (Scotland) - Template, Sample Form Pro · UK-law
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The parties to this Agreement are advised that signing this document will have legal consequences. Where either party is unsure of, or does not understand, the legal obligations and responsibilities placed upon them under this Agreement, they are advised to seek independent legal advice before signing.
LODGER AGREEMENT
relating to the occupation of a room within a private residence in Scotland
This Agreement creates an excluded occupancy and does not constitute a private residential tenancy within the meaning of the Private Housing (Tenancies) (Scotland) Act 2016, the Landlord being a resident landlord who shares accommodation with the Lodger.
1. PARTIES
1.1. Landlord:
________ of:
________
(hereafter "the Landlord")
1.2. Lodger:
________ whose current residential address is at:
________
(hereafter "the Lodger")
The parties have agreed and do hereby agree as follows:
2. DEFINITIONS AND INTERPRETATION
2.1. Definitions:
2.1.a. "Agreement" means this Lodger Agreement together with any document supplemental to it, collateral with it, or entered into in accordance with it, including the Inventory and Record of Condition.
2.1.b. "Premises" means the dwelling owned or lawfully occupied by the Landlord at which the Lodger shall occupy the Room, together with any Shared Areas, as more particularly described in this Agreement.
2.1.c. "the Room" means the room or rooms within the Premises allocated for the use of the Lodger during the period of this Agreement.
2.1.d. "Shared Areas" means the specified areas of the Premises which may be used in common by the Landlord and the Lodger and any other relevant persons during the period of this Agreement.
2.1.e. "Landlord" means the person named as Landlord and any person deriving title from the Landlord.
2.1.f. "Lodger" means the person named as Lodger and, where permitted, any personal representatives of the Lodger.
2.1.g. "the period of this Agreement" means the duration for which the right to occupy the Room is granted to the Lodger as specified in this Agreement, together with any continuation or extension of that duration.
2.1.h. "the start date of this Agreement" means the ________.
2.1.i. "Furniture and Fittings" means the fittings, furniture, furnishings and other items used by the Lodger from time to time in the Room and the Shared Areas in accordance with the latest Inventory and Record of Condition signed by the Landlord and the Lodger.
2.1.j. "Data Protection Laws" means the UK General Data Protection Regulation, the Data Protection Act 2018, and any other applicable laws, regulations or codes of practice relating to the processing of personal data, as amended or replaced from time to time.
2.1.k. "Jointly and Severally Liable" means that, where there is more than one person comprising the Landlord or the Lodger, each such person shall be liable for the whole of the obligations as well as for their respective share.
2.1.l. "Rent" means the amount payable by the Lodger to the Landlord as set out in this Agreement.
2.1.m. "Guarantor" means any third party who, at the request of the Landlord, undertakes to meet any obligation and pay any Rent in arrears where the Lodger fails to do so, and against whom the Landlord may take legal action to recover such sums.
2.2. Interpretation:
2.2.a. Words importing one gender include every other gender; words importing the singular include the plural and vice versa.
2.2.b. Where two or more persons are included in the expression "the Lodger", the obligations to be performed by the Lodger shall be binding jointly and severally upon them and their respective representatives and executors.
2.2.c. Words importing persons include companies, partnerships and other legal entities and vice versa.
2.2.d. Reference to any statute or statutory provision includes any modification, re-enactment, amendment or extension thereof for the time being in force and any orders, regulations, directions, instruments and codes made thereunder.
2.2.e. Where any obligation provides for the Lodger not to do an act or thing, this includes an obligation not to permit such act or thing to be done.
2.2.f. Any reference to the consent or approval of the Landlord means the consent or approval of the Landlord in writing, executed by or on behalf of the Landlord.
2.2.g. Any reference to the right of the Landlord to access the Premises, the Room or the Shared Areas extends to persons duly authorised by the Landlord, including workmen, contractors, agents and professional advisers.
3. THE PREMISES
The Premises at which the Lodger shall be permitted use of the Room and the Shared Areas are situated at the following address:
________
4. ACCOMMODATION
4.1. The Room:
For the period of this Agreement, the Lodger shall be permitted use of the following room or rooms within the Premises:
________
4.2. Shared Areas:
For the period of this Agreement, the Lodger shall have the right to use the following areas of the Premises in common with the Landlord:
________
4.3. Non-permitted Areas:
For the period of this Agreement, the Lodger shall not use or access the following areas of the Premises without the express permission or invitation of the Landlord:
________
4.4. The Lodger acknowledges that the Landlord resides at the Premises and that the Lodger shares accommodation with the Landlord, with the effect that the Lodger occupies as an excluded occupier and does not enjoy a private residential tenancy.
5. PERIOD OF THE AGREEMENT
The Lodger shall be permitted to occupy the Room and use the Shared Areas of the Premises from the ________. This Agreement shall terminate on ________, subject to the provisions for earlier termination set out herein. The parties may extend the term by mutual agreement in writing.
6. RENT
6.1. The Lodger shall pay to the Landlord Rent of \u00a3________ (________) per week for the duration of this Agreement, the first payment being due on or before the ________ and each subsequent payment falling due on the ________ of each week.
6.2. The preferred method of payment shall be ________. Rent may be paid by another method only where the Lodger has agreed this with the Landlord in advance.
6.3. Where the Lodger fails to pay Rent when due, the Landlord may take such lawful steps as are available to recover the sums due, including bringing such court proceedings as may be appropriate.
7. DEPOSIT
7.1. On or before the start date of this Agreement, the Lodger shall pay to the Landlord a deposit of \u00a3________ (________). The Landlord shall provide the Lodger with a receipt for the deposit. The parties acknowledge that, as this Agreement does not create an assured, short assured or private residential tenancy, the statutory tenancy deposit scheme requirements under the Housing (Scotland) Act 2006 and the Tenancy Deposit Schemes (Scotland) Regulations 2011 do not apply.
7.2. The Landlord may apply the deposit, or such part of it as is reasonable, towards remedying any breach of obligation by the Lodger, or any damage to the Premises or the Room caused by the Lodger or any person connected with them, fair wear and tear excepted.
7.3. The deposit, or any balance remaining, shall be returned to the Lodger within fourteen (14) days of the date on which this Agreement terminates and the Lodger vacates the Room.
7.4. The Landlord may retain so much of the deposit as is reasonably required to discharge any Rent in arrears or any other sum lawfully due from the Lodger at the date of termination.
8. LOCAL AUTHORITY TAXES AND BILLS
8.1. Utilities
8.1.a. The Rent payable under this Agreement shall be inclusive of all reasonable charges for the supply of gas, electricity, water and any other fuel, energy or service supplied to the Premises and approved by the Landlord.
8.2. Council Tax
Liability for council tax in respect of the Premises shall be that of the Landlord, and the Rent payable under this Agreement is inclusive of any such liability. Where the Lodger is entitled to any exemption or discount, the Lodger shall provide such information as the Landlord may reasonably require to claim it.
9. USE AND OCCUPATION OF THE ROOM AND SHARED AREAS
The Lodger agrees to occupy the Room and use the Shared Areas as their private residence only. The Lodger shall not carry on any business, profession or trade from the Room or the Shared Areas without the prior written permission of the Landlord, nor cause or permit any nuisance, annoyance or disturbance to the Landlord, other occupiers or neighbours.
10. INSURANCE
10.1. The Landlord shall, throughout the period of this Agreement, insure and keep insured the Premises against the usual insured risks with reputable insurers for the full reinstatement value, and shall, if reasonably requested, produce evidence of such insurance to the Lodger.
10.2. The Lodger shall be responsible for insuring their own belongings. The Landlord shall have no obligation to insure any contents belonging to the Lodger.
11. ASSIGNATION AND SUBLETTING
The Lodger shall not sublet, assign or otherwise part with possession of the Room, the Shared Areas or any other part of the Premises, nor take in any further lodger or person not named in this Agreement, without the prior written consent of the Landlord.
12. FURNITURE AND FITTINGS AND CONDITION
12.1. The Inventory and Record of Condition, attached as Schedule 1, shall be supplied to the Lodger no later than the start date of this Agreement and shall constitute a complete and accurate record of the contents and condition of the Room and the Shared Areas at that date.
12.2. The Lodger shall have seven (7) days from the start date of this Agreement to confirm that the Inventory is accurate and shall either:
12.2.a. notify the Landlord in writing of any discrepancies, which shall then be amended by agreement; or
12.2.b. accept the Inventory by taking no action, in which case the Lodger shall be deemed to have agreed it upon expiry of the seven-day period.
12.3. Where any of the Furniture and Fittings is damaged, removed, destroyed or lost during the period of this Agreement by reason of the act, default or negligence of the Lodger or any person connected with them, the Lodger shall be liable for the cost of repair or replacement with items of equivalent value and quality. The Lodger shall not be liable for fair wear and tear.
13. CARE OF THE ROOM, SHARED AREAS AND THE PREMISES
13.1. The Lodger agrees to take reasonable care of the Room, the Shared Areas and the relevant parts of the Premises, and in particular agrees:
13.1.a. to be liable for the cost of any repairs where the damage is attributable to the fault or negligence of the Lodger or any person residing with or visiting them;
13.1.b. not to keep or bring any hazardous or combustible goods or materials into the Premises, save for the normal and safe domestic use and storage of household items;
13.1.c. not to put any oil, grease or other damaging or corrosive material down drains, waste pipes or sanitary appliances;
13.1.d. to keep the Room and the Shared Areas clean and in good working order;
13.1.e. to dispose of all rubbish appropriately and not to store rubbish in any Shared Areas;
13.1.f. not to tamper or interfere with any smoke detectors, carbon monoxide detectors, heat detectors or fire alarm systems, which the Landlord shall maintain in working order in accordance with the Housing (Scotland) Act 1987 and the Tolerable Standard;
13.1.g. not to tamper or interfere with any locks or door-closing mechanisms;
13.1.h. to notify the Landlord promptly of any structural damage or defect;
13.1.i. not to mistreat any Furniture and Fittings, and to take reasonable steps to prevent persons connected with the Lodger from doing so;
13.1.j. not to keep any pets within the Premises without the prior written permission of the Landlord;
13.1.k. not to make any structural or physical alterations to the Room, the Shared Areas or the Premises without the prior written consent of the Landlord;
13.1.l. to ensure that, on termination, the Room is left clean and in the condition recorded in the Inventory, fair wear and tear excepted.
14. ACCESS TO THE LODGER'S ROOM
The Landlord shall access the Room only with the Lodger's consent and on giving not less than 24 hours' notice, save in the case of emergency where access may be taken without notice.
15. LANDLORD OBLIGATIONS
15.1. Throughout the period of this Agreement, the Landlord shall:
15.1.a. keep the Premises wind and watertight and otherwise reasonably fit for human habitation, in accordance with the repairing standard and the Tolerable Standard under the Housing (Scotland) Act 1987 and the Housing (Scotland) Act 2006 so far as applicable;
15.1.b. keep in repair and proper working order all installations for the supply of water, gas, electricity, heating, water heating and sanitation, except where any defect has been caused by the Lodger or persons connected with them;
15.1.c. ensure that any gas appliances are maintained and inspected annually by a Gas Safe registered engineer in accordance with the Gas Safety (Installation and Use) Regulations 1998, and that the electrical installation and any appliances provided are safe in accordance with applicable regulations;
15.1.d. repair or replace within a reasonable time any Furniture and Fittings supplied by the Landlord which become defective, save where caused by the Lodger.
15.2. The Lodger shall notify the Landlord promptly of any need for repair, and the Landlord undertakes to carry out repairs for which it is responsible within a reasonable period.
15.3. The Lodger shall be responsible for the cost of repairs caused by the fault or negligence of the Lodger or any person for whom the Lodger is legally responsible.
16. QUIET ENJOYMENT
The Landlord agrees that the Lodger, having paid the Rent and performed and observed the obligations under this Agreement, shall peaceably hold and enjoy the use of the Room and the Shared Areas throughout the period of this Agreement without any unlawful or unreasonable interruption by the Landlord or any person claiming through or under the Landlord.
17. DAMAGE AND DESTRUCTION OF THE PREMISES
17.1. Insured Risks
For the purposes of this Agreement, "Insured Risks" means loss or damage caused by fire, lightning, explosion, flood, storm, tempest, escape of water or oil, impact, riot, civil commotion, malicious damage and such other risks as the Landlord shall from time to time consider prudent to insure against in respect of the Premises.
17.2. Cesser of Rent
17.2.a. Where the Room is destroyed or so damaged by an Insured Risk that it becomes unfit for occupation, and the insurance has not been vitiated by any act or default of the Lodger, but the Shared Areas remain habitable and another room is available, the Lodger may, with the Landlord's agreement, either move into the available room until the Room is made fit again, or terminate this Agreement forthwith whereupon all rights granted to the Lodger shall cease.
17.2.b. Where the Shared Areas or the whole Premises become so damaged by an Insured Risk as to be unfit for occupation, and the insurance has not been vitiated by any act or default of the Lodger, the Rent or a fair proportion of it shall be suspended and cease to be payable, and this Agreement shall terminate forthwith.
17.3. Notices
18. EARLY TERMINATION
18.1. Either party may terminate this Agreement before the ________ by giving the other party not less than ________ written notice, or where the parties agree in writing to terminate at an earlier date.
18.2. Either party may terminate this Agreement with immediate effect where the other party is in material breach of any obligation under this Agreement.
18.3. As the Lodger is an excluded occupier sharing accommodation with the Landlord, the Landlord is not required to obtain a court order to recover possession of the Room; nonetheless, the Landlord shall act lawfully and reasonably at all times and shall not use or threaten violence in recovering possession.
19. GUARANTOR
19.1. Where a Guarantor is required, the Guarantor guarantees payment of all Rent and the performance of all obligations of the Lodger under this Agreement, and such liability shall continue notwithstanding any termination of or variation to this Agreement. The Guarantor is:
________ whose residential address is at:
________
Signature of Guarantor: __________________________
Date: ________
20. DATA PROTECTION
21. SEVERABILITY
If any clause or provision of this Agreement is found by a court or other competent authority to be unlawful or unenforceable, that clause or provision shall be severed from the remainder of this Agreement, which shall continue in full force and effect to the fullest extent permitted by law.
22. DECLARATIONS
22.1. In signing this Agreement and taking entry to the Room and Shared Areas, the Lodger:
22.1.a. acknowledges that the Room, the Shared Areas and the Premises are fit for human habitation;
22.1.b. confirms having made a full and true disclosure of all information sought by the Landlord in connection with the granting of this Agreement;
22.1.c. confirms not to have knowingly or carelessly made any misleading or false statement which might affect the Landlord's decision to enter into this Agreement; and
22.1.d. confirms having read and understood the terms of this Agreement.
23. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the law of Scotland, and the parties submit to the exclusive jurisdiction of the Scottish courts in respect of any dispute arising out of or in connection with it.
24. CONSENT TO REGISTRATION
The parties consent to registration of this Agreement for preservation and execution in the Books of Council and Session.
IN WITNESS WHEREOF these presents are subscribed by the parties as follows:
Signature of Lodger: ____________________________
________
Date: ________
Signature of Witness: ____________________________
Full Name of Witness: ________
Address of Witness: ________
Date: ________
Signature of Landlord: ____________________________
________
Date: ________
Signature of Witness: ____________________________
Full Name of Witness: ________
Address of Witness: ________
Date: ________
Schedule 1 – Inventory and Record of Condition
The following sets out the Furniture and Fittings in the Room and the Shared Areas of the Premises which are permitted to be used by the Lodger under this Agreement. This Inventory pertains to the Premises at:
________
The Room:
________
The Shared Areas:
________
Both the Landlord and the Lodger agree and confirm that the information set out above is an accurate and detailed description of the Furniture and Fittings contained within the Room and the Shared Areas of the Premises at the start date of this Agreement.
Signature of Lodger: ________________________________ Date: ________
________
Signature of Landlord: ________________________________ Date: ________
________
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