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This document is a lodger's agreement which creates a licence for a lodger to occupy a room (or rooms) within a property. It is different to a tenancy agreement in that it does not create the same rights for a lodger as a tenant would have under a tenancy.
The document can be used where a lodger is to be given the use of a room in a property, but will not be given exclusive possession, and will share common parts of the property with the owner and/or other persons. In particular the owner should retain access to the room that is to be used by the lodger.
Moreover, it should be noted that if the lodger is not to be sharing any common parts of the property, they may acquire some rights, as either a tenant or person in excluded possession, which may require a court order prior to eviction if the lodger does not wish to vacate.
This document can be used where the property being leased is situated in either England and Wales or Northern Ireland.
How this document should be used
Both the property owner and the prospective lodger should read the document carefully. If both parties are then happy with the document, it should be signed and dated, and copies should be provided to the parties.
The owner and the lodger may wish to consider a number of issues either before or after the document is signed such as which room will be allocated to the lodger, which facilities and/or areas may be used by the lodger, and what services, if any, the owner will provide to the lodger. These issues can be reflected in the agreement, or determined afterwards. If they are determined afterwards, each party should ensure such agreements are reflected in writing.
Any applicable law
The agreement is governed by the principles of contract law.
Regard should be had to the Housing Act 1988 and Housing Act 1996 to consider whether you are creating a licence to occupy or a tenancy / excluded occupation.
The Housing Act 2004 and associated Houses in Multiple Occupation Regulations, may be relevant if you have more than one lodger at a time.
The Gas Safety (Installation and Use) Regulations 1998 should also be consulted.
Data Protection Act 2018
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