Any landlord/tenant agreement experts?

9 replies
Found 11th Apr 2010
I'd like to go back and work abroad and rent out my house here but with one or two conditions. I'd like to rent it to a private tenant of my choice, in fact a girl at my current workplace would be ideal. It would be somebody I know, she would care for the place, tend the garden and I could trust her. In fact I have discussed it with her and she is keen. We agreed a little deal in principle, she gets the house at sub-market rent price, the whole place to herself and a boyfriend should she get one, but no subletting of rooms and she leaves the main bedroom free. That room is for me, probably around 2-3 times a year when I need to come home for a week or so. It also means i have a place to store my stuff.

Does anyone know what sort of legal agreement i would need to knock up with her? Also, presumably I have to have everything all certificated, safe boiler, electrical safety etc. or is there anyway to come to a friends agreement? Obviously at some point i would want her to go should I need to come back ( or maybe she would want to go anyway). I was hoping to do her a favour and me too, she gets a good price, I get a trusted tenant and a room when I am back over here. Any ideas?

9 Comments

agreements with friends always have a tendency to go belly up ( was gonna use another word ) so make sure you get a legally binding "contract/agreement" drawn up then there's no comebacks when you wanno come back or if she doesn't pay ontime... might be doing a favour for a mate but it's still business!

Friend or no friend.......you need to get a legally binding agreement in place

adviceguide.org.uk/ind…htm

Have you got someone who could be a local liasion for the house as you're away, so you could let it on normal terms so they could keep an eye on it etc. Or you could do through an agent for peace of mind etc.

Just write up the contract. Take a standard one off the web and add the bits you mentioned.

As long as its witnessed and signed its still binding?

Unless my property degree has gone to waste?

There are many obligations on a Landlord when letting a property. Potentially an EPC too.

Do you have mortgage on your house? If so, your lender will need to consent to the letting.

If you continue to live in the house, then it is likely that your tenant will have an excluded tenancy - which means they have less rights.

Regarding looking after the property while you are away - if you use an agency - be wary of hefty fees, e.g. 10% and they will require you get the necessary boiler,, gas etc tests.

Hope that helps

Its a strange one, as you are not giving them what is known as exclusive possession (the right to not be disturbed by you) and the fact that you will be living in the house occasionally she may be classed as a lodger instead of a tenant.

I would recommend a 30 min talk with a conveyancing solicitors.

Since you intend to live at the property, a tenancy agreement that you can get straight off the webwill not suffice.

She will be a lodger, and so you'll find it nigh on impossible to enforce any of the stipulations that you want.
It's one or the other, unless you want to spend hundreds on a agreement that would probably be unenforceable in court.

If it was me I'd probably talk to the Citizens Advice Bureau... and from having a look on it's website I have found what I belive may be a helpful link.

]http//ww…htm

Original Poster

Thanks for the advice so far folks, seems a bit more complicated than I hoped it could be.
Post a comment
Avatar
@
    Text
    Top Discussions
    1. BrightHouse to pay £14.8 MILLION in compensation to 249,000 customers55
    2. And you think you are having a bad day?11
    3. First batch of original Xbox backwards compatible games1219
    4. Meerkat Movies (2 for 1 Cinema Codes) | Official Trading Thread429114688

    See more discussions