Lodger Information Pack
Lodger Information Pack
Lodger Information Pack
This pack is intended to be used by council and housing association tenants who are
thinking about letting a spare bedroom in their home to a lodger. The pack takes the
form of:
a series of questions and answers about things you need to think about and
do before you let your spare room to a lodger
a lodger licence agreement which you can use to establish an agreement
between yourself and your lodger.
What is a lodger?
A lodger is a person who rents a room in someone elses home. Usually there is a
formal arrangement in place that sets out the rooms that the lodger can use and
those that they share with the rest of the household (e.g. the kitchen, living room and
bathroom) for an agreed payment.
Close family members such as a parent, step parent or parent-in-law, a son or
daughter, step son or step daughter, a son-in-law or daughter-in-law, a brother or
sister are not normally classified as lodgers.
Do I need permission to take in a lodger?
As a tenant of a social landlord (either a council or a housing association) if you hold
a secure tenancy you have the right to take in a lodger, but your landlord needs to
provide you with their consent. If you are an assured tenant it is highly likely you
have the right to take in a lodger but you will require the housing associations
consent.
In both instances it is a good idea to let your landlord know that you are thinking
about taking in a lodger, as they might be able to offer you help and advice.
Things to think about when you consider taking in a lodger
Before you ask for your landlords agreement to take in a lodger, you might want to
think about whether youre prepared to have a lodger living in your home and
whether its right for you.
Having a lodger live with you means that youll be sharing your home with a stranger.
If you live alone this might mean that you will have some company but it also means
thatll youll be giving up some of the privacy you enjoy at the moment. You need to
ask yourself whether you are prepared to do this?
If you have children you might want to consider whether you want a stranger living in
your home, particularly if you dont know a great deal about their background. As a
parent or guardian of a child or children, your first duty to them is to ensure that they
have somewhere safe to live.
If you do want to have a lodger living with you, providing you with another source of
income, it is important that you choose who lives with you very carefully.
All of the furniture you provide must comply with the Furniture and Furnishings
(Fire)(Safety) Regulations 1988. If youre buying new furniture this wont be a
problem, but if youre using older furniture it is a good idea to check for labels to
ensure furniture is compliant with the regulations. (Labels can be found on items
such as padded headboards, sofas, mattresses, pillows, cushions, cloth covers on
seats, curtains).
It is best to buy new electrical items and make sure that you keep the receipts and
instructions. If you cant afford new items, you should get them tested by a qualified
electrician but this could be expensive.
You will also need to provide the lodger with access to pots and pans, cups, plates
and cutlery and you should make some space for them to store their food in your
kitchen cupboards and fridge and freezer.
You should provide an inventory (a written record) of the items you provide the
lodger with, noting their condition. You can find a copy of an inventory at the end of
this pack.
Should I establish house rules?
It is important to set some rules about what you will and will not allow in your home,
so before you let your spare room to a lodger you need to give this some thought.
For example you might not want a lodger to smoke in the property or to keep a pet.
Whilst you dont want to develop a list of rules which is too long you will want to set
out the standards of cleanliness and tidiness you expect of your lodger.
You will want to tell a potential lodger about your house rules when you meet for the
first time, as they need to know whether they would be comfortable living in your
home.
Should I use a lodger agreement?
It is important that you and your lodger sign a lodger agreement, so that your rights
and responsibilities as the landlord and the rights and responsibilities of the lodger
are clearly set out.
It is also important that you sign a lodger agreement if your lodger needs to claim
Housing Benefit to help them pay their rent. Your lodger will need to provide a copy
of the agreement to the Housing Benefit Team. A copy of a Lodger Agreement is
part of this pack. You and your lodger should sign two copies and each keep a copy.
Finding a Lodger
If you live close to a hospital you might want to consider contacting the hospital to
find out whether they maintain a list of lodgings for staff and relatives of patients and
whether you can go on that list. You will also want to put adverts on notice boards in
the hospital.
Similarly, if you live close to a large employer you might want to contact them to find
out if they need lodgings for staff or visitors to the company and if they do you can
ask to go on to their database.
You can advertise for lodgers in local newspapers, in local shops and on the internet.
There are a number of internet sites which aim to help you find a lodger for example
http://www.spareroom.co.uk/ and http://uk.easyroommate.com/. You could consider
using these.
In Wales a website has been developed to match landlords with lodgers called
House Share Wales http://www.housesharewales.co.uk/. Not only does House
Share Wales provide you with an internet site to find a tenant, they also provide
accommodation brokers who can direct you to organisations who can help you put
an advert on the website and help you find an appropriate lodger. The broker for
North East Wales and Powys is based in Cefni Lettings and can be contacted on
01341 423266.
How should I select a lodger?
It is always a good idea to meet with people who respond to your adverts for a
lodger. The meeting should ideally take place in your home. This gives the potential
lodger the opportunity to meet you and look around your home to find out if your
home is somewhere they want to live. The meeting gives you an opportunity to
explain the basic rules of the house and find out whether they are comfortable with
them. The meeting also gives you the opportunity to find out whether theyre
someone youre happy to share your home with.
You might want to meet your potential lodger with someone present whose
judgement you trust. Their views might be important to you when you make your
decision.
When you meet the lodger it is a good idea to gather some basic information about
them, such as where they live, their contact address, their telephone number. Your
home contents insurer might want you to obtain certain information from a potential
lodger. Also you might want to ask to see some form of identification and find out
how they intend to pay the rent. The form which is included in this pack will help you
record these details.
When you meet a potential lodger you will also want to ask them to provide you with
2 references. It is important before you agree to let your spare room to someone,
that you contact their referees to find out a little more about them.
You should ring everyone you meet to let them know your decision.
The Money
Can my lodger claim Housing Benefit if they have a low income or receive
benefits?
If your lodger is on a low income or claims benefits, they are able to claim Housing
Benefit to help them pay their rent. They will need to make a claim for Local Housing
Allowance (this is the term used for the type of Housing Benefit payment the lodger
will receive).
To be able to claim Local Housing Allowance your lodger will need to be able to
show the Housing Benefit Team that he or she has a formal written agreement which
enables him/her to occupy your home as a lodger. It is very important that you
complete two copies of the lodger agreement and give a copy to the lodger, to
enable him/her to present it to the Housing Benefit Team.
Your lodger will have their Local Housing Allowance paid direct to them and they will
be responsible for passing the payment onto you.
Recoding rent payments
You should give your lodger a rent book, or a written statement that confirms that
you have received their rent payments.
How will the money I receive affect my tax?
Income Tax
The Government offers people who have a spare room an incentive to rent their
spare room out to a lodger, this is called the Rent a room scheme. This allows
people who let out a spare room in their home to a lodger to receive 4,250 a year
tax free.
You can find more information about the Rent a Room scheme by clicking on the
following link.
http://www.direct.gov.uk/en/MoneyTaxAndBenefits/Taxes/TaxOnPropertyAndRentalI
ncome/DG_4017804
If your income from your lodger is less than 4,250 a year you do not have to
complete a tax return. If your income from the lodger is more than 4,250, you may
have to complete a tax return.
Council Tax
If you currently live alone you should receive the single person discount on your
Council Tax. The single person discount is 25% of your Council Tax bill. You will
need to tell the Councils Council Tax Team that you have taken in a lodger. In most
cases this means that you will lose your single person discount, unless your lodger is
in one of the groups who are disregarded. You can find out which groups are
disregarded by contacting your Councils Council Tax Team or following this link
http://www.direct.gov.uk/en/HomeAndCommunity/YourlocalcouncilandCouncilTax/Co
uncilTax/DG_10037422
How will the money I receive affect my benefits?
If you receive benefits, you must inform the DWP and your Councils Housing Benefit
Team that you have taken in a lodger. Failure to do this will mean that you are
committing fraud. The benefit payments you receive will be reduced to reflect the
additional income you receive from your lodger.
If you receive a means tested benefit (Income Support or Income related
Employment and Support Allowance or Income based Job Seekers Allowance) the
first 20 of income you receive from your lodger will be disregarded and not affect
your benefits. Your benefits will be reduced by any income more than the first 20.
Jane receives Income Support of 100 a week and receives full Housing Benefit to
help her pay her rent of 80 a week.
She takes in a lodger who pays her 55 each week.
When Janes benefits are recalculated she receives 65 in Income Support in
addition to the 55 rent she receives from her lodger, a total of 120 a week.
If you are on a low income and claim Housing and Council Tax Benefit the way that
your benefits will be adjusted is different. The first 20 of income you receive is
disregarded and your Housing Benefit will be reduced by 65p for every 1 you
receive over that amount. Your Council Tax entitlement will be reduced by 20p for
every 1 you receive over that amount.
Jane works on a part time basis and receives 20 Housing Benefit each week to
help her pay her rent of 80 a week.
Jane takes in a lodger who pays her 50 each week. When Janes benefits are
recalculated her Housing Benefit is reduced to 50p per week.
Jane receives Income Support of 100 a week and receives full Housing Benefit to
help her pay her rent of 80 a week. Jane under-occupies her home by one bedroom
and her housing benefit will be reduced by 11.20 each week.
She takes in a lodger who pays her 55 each week.
When Janes benefits are recalculated she receives 65 in Income Support in
addition to the 55 rent she receives from her lodger, a total of 120 a week.
In addition her Housing Benefit payment covers the whole of her rent, as she is no
longer considered to be under-occupying her home.
If you let your spare room to someone who is not using it as their only home, for
example a student or some-one who lodges with you from Monday to Friday and
returns home at the weekend, you may still be considered to be under-occupying
your home, as the lodger is not using your home as their only home.
These rules will change when Universal Credit is introduced. Under the proposed
rules any lodger will not count as part of your household which means that you will
be affected by the bedroom tax, but you will be able to keep all of the income you
receive from lodgers, without it affecting your benefit.
Appendix1
LODGERAGREEMENT
Forlettingaroominafurnishedproperty
The
Property (Address)
TheRoom Meaning the room at the Property which has been agreed
betweentheTenantandtheLodgertobetakenbytheLodger
TheTenant
(Name)
TheLodger
(Name)
TheTerm
(weeks/months)beginningon//
The Shared Referring to the rooms in the Property which the Tenant has
Areas
agreed can be used by the Lodger on a shared basis with the
TenantandanyotherpersonslivingattheProperty,including
_____________________________________________________
_____________________________________________________
Early
By mutual agreement, either party may at any time end this
termination agreementearlierthantheendofthetermbygivingtheother
writtennoticeofweeks/months
Payment
The rent shall be per week/month payable on the first
MondayofeachmonthortheMondayofeachweek
TheDeposit The deposit is the sum of , which is refundable at
the end of the agreement, after eligible deductions have been
made
The
Is the list of the Tenants possessions, which the Lodger is
Inventory
permittedtouseattheProperty,includingtheRoom
This Agreement does not confer any occupation rights on the Lodger that
supersedestheTenantsTenancyAgreementwith(insertnameandaddress
oflandlord)
TermsandConditions
This Agreement is personal to the Lodger and is not assignable. It will
terminate automatically with no notices if the Lodger ceases to reside at the
Property,orfailstomaketwoormoreofthepaymentsthataredue.
TheLodgersobligations
1.1. Topaymoniesowed(thepayment)totheTenantatthetimessetoutin
theAgreement
1.2. TokeeptheinterioroftheRoomandthesharedroomsinagoodand
clean condition and not to cause damage to any part of the Room or
Property
1.3. Not to make any alterations to the Room or Property without the
Tenantsconsent
1.4. To only use the facilities of the Shared areas of the property in
conjunctionwiththeoccupationoftheRoom
1.5. ToretainintheRoomallitemslistedintheinventoryandtokeepthem
inagoodcondition
1.6. Not to keep a pet without the tenants consent, which should be in
accordancewiththeTenancyAgreementandthepolicyof(insertname
oflandlord)
1.7. Not to cause or permit any behaviour which may be a nuisance to
neighbours; nor to engage in activities which are criminal or may
prejudice the insurance on the property and the Tenants tenancy
agreement.
1.8. To use the Room in a residential manner and not to run any business
fromit
1.9 NottoinvitevisitorstothepropertywithouttheTenantsconsent.The
Lodger will not let or share any rooms at the property or take in any
lodgerorpayingguestwithouttheconsentoftheTenant
1.10 ToleavetheRoominagoodconditionattheendoftheterm.
1.11 Toonlyusethestoragespaceprovidedfortheminthekitchenandto
respect the groceries of the Tenant and not to borrow items without
theconsentoftheTenant.
1.12 ToprovidetheTenantwithaccesstotheRoom,subjecttopriornotice,
toinspecttheconditionoftheroomandfurnitureandcarryoutrepairs
tofixturesandfittings.
TheTenantsObligations
2.1 To provide the Lodger with the personal right to live in the
accommodation and use the shared rooms with the Tenant/ the
Tenantsfamily(deleteasappropriate).
2.2 To hold the deposit paid by the Lodger for the duration of the
agreementandtorepaytheLodgerthedepositattheendoftheterm,
lessanyeligibledeductions.
2.3 ToallocatetotheLodgerstoragespaceinthekitchenforitemsoffood
and drinks and to respect the groceries of the Lodger and not to
borrowitemswithouttheconsentoftheLodger.
2.4 Topayalltaxes(CouncilTax)andutilitybills(electricity,waterandgas
[if a gas supply is provided to the property] and to ensure that the
property is heated adequately and has a supply of power and hot and
coldrunningwater.
TheDeposit
3.1. The Deposit will be held by the Tenant for the duration of the
agreement and refunded to the Lodger at the end of Term less any
reasonable deduction for costs incurred by the Tenant in making good
damage caused by the Lodger to the Room or Shared Rooms and to
coverlossesincurredbytheTenantwheretheLodgerfailedtopaytheir
rent.
NointerestispayableontheDeposit
3.2. At any time during the Term the Tenant may apply any part of the
Deposit to cover reasonable costs incurred as a result of the Lodgers
breaches of obligations. The Lodger may be called upon to make
additional payments to make good any losses or costs incurred by the
tenantasaresultoftheLodgersactionsorbehaviour
3.3 Should the Property or the Room become uninhabitable during the
Term the Tenant will make a proportionate refund of any payments
made by the Lodger under the agreement, unless the action of the
LodgeristhecauseofthePropertyorRoombecominguninhabitable.
TheLodgershallnothaveexclusiveuseoftheProperty
Should the Tenant vacate the property or give notice of the intention to
vacate the property, the Lodger Agreement will be immediately terminated
andthepropertyreturnedto(insertnameoflandlord)
SignatureofTenant
SignatureofLodger
Date
Appendix2
LodgerInterviewForm
(Youshouldrecordtheresponsesprovidedbythepotentiallodgerintheboxesprovided)
Name
CurrentAddress
PhoneNumber
NameofNextofKin
AddressofNextof
Kin
PhoneNumberof
NextofKin
WheretheLodger
haslivedinthelast2
yearsandreasonsfor
leaving
WorkIfinwork
nameandaddressof
employer
Hobbiesinterests
Pets
Smoker
Contactdetailsof2
references
Criminalconvictions
MedicalConditions
Other
Appendix3
Inventory
Inventoryfor(address):_________________________________________________
BoththeTenantandtheLodgershouldsignthisdocument.Thisshouldbedonewithinthefirst
weekoftheLodgermovingin.Ifanyextrapagesareattachedthesemustbesignedbyboththe
LodgerandtheTenant.Keepacopyofthisdocumentsafelywiththeleaseagreement.
Hall
Lodgersbedroom
Bathroom
Kitchen
Livingroom
Lodgerssignature:_____________________________________Date:__/__/____
Tenantssignature:____________________________________Date:__/__/____
Appendix4
ExampleNoticetoQuitLetter
(Insertnameandaddressoflodger)
(Inserttodaysdate)
Dearxxx
AsperourwrittenagreementIamgivingyou1month'snoticetomoveout.Yournoticestartstoday
sowillexpireon(insertdate),andyoushouldhaveleftwithallyourbelongingsbythatdate.
Normalrentwillcontinuetobepayableatthenormaltimeuntilyouhaveleft.Onceyouhave
movedoutyouwillberefundedanyrentinfullforallunuseddays(andyourdeposit),subjecttoan
appropriatedeductiontomakegoodanydamagecausedorrentunpaid.
Yourssincerely