Last revision: 10/03/2023
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This document can be used to create a Lodger Agreement between two parties who are resident in Scotland. This agreement should be used where someone wishes to rent out a room (or rooms) in their house to another person and can only be used where the Landlord will be resident in the same property as the person who shall become the Lodger.
This document should be used where a Lodger will be given exclusive use of a certain room within the property but will be sharing facilities, such as the kitchen, bathroom, living room etc, with the Landlord. This agreement provides the opportunity to specify which room or rooms in the property are for the sole use of the Lodger and which will be shared by the Lodger and the Landlord. This agreement can also specify if there are any areas of the property the Lodger shall not be permitted to use or access.
It should be noted that in using this agreement a Lodger will be entitled to at least 4 weeks notice before this agreement can be terminated between the parties.
Properties in England and Wales or Northern Ireland should use the document titled "Lodger Agreement".
How this document should be used
Both parties should read the agreement carefully and thoroughly before signing and where any term or part of this agreement is not understood, the advice of a solicitor should be sought. Where a party is not prepared to agree to any term or condition contained within this agreement they should refrain from signing.
Where both parties have read and understood the agreement in its entirety they should sign and date the agreement in the presence of a witness who should also sign and date the agreement. Each party should sign and date two copies of the agreement with one copy being kept by them and the other copy being provided to the opposite party.
The Landlord should also accurately fill in the Inventory and of Record of Condition attached to this agreement and detail all the furniture included in the room or rooms which will be used by the Lodger and the condition such furniture is in before the Lodger becomes resident in the property. Both the Landlord and the Lodger should then sign and date the inventory where it is agreed it is accurate.
Applicable Law
A Lodger Agreement is a Common Law Tenancy. This means that it is not regulated by specific laws or statutes enacted by a legislative body but by common law which has developed through the decisions of courts.
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A guide to help you: Types of Residential Lease in the UK
Other names for the document: Lodger Contract, Roommate Agreement, Housemate Agreement, Shared Accommodation Contract, Contract of Shared Accommodation
Country: United Kingdom