Tenancy Agreement for a resident landlord
Paper - AGREE6 Tenancy Agreement for a resident landlord
A specimen copy can be emailed on request
This is a form which a resident landlord can use to let out rooms in his or her home to a tenant whilst the landlord still lives in the property.
1. Agreement 6 is intended for use where a landlord occupies a property as his or her only or principal home, but wants to let a part of that property whilst carrying on living in the rest of it. This form will create an excluded tenancy, but in certain circumstances if could create a licence. If you are in doubt you should seek legal advice.
2. When using this form it is important to note that for lettings started on or after 15 January 1989, the landlord must use the property as their only or principal home, both at the start of the letting and throughout. The landlord will still be classed as resident even if he does not live in the property continuously and is absent for short periods, so long as it is apparent that the landlord intends to return.
3. In determining which type of tenancy the tenant has there are 2 main questions to be considered:
a. Whether the landlord (or a member of his family) shares any accommodation with the person he or she is letting to
b. Whether the occupant has exclusive possession of at least one room.
4. If the tenant is granted exclusive use of at least one specified room the letting will be a tenancy. This would mean that the landlord could not enter the room without prior permission. However if the tenant agrees to unrestricted access to their room, such as the provision of cleaning services, or has to share his or her room, then dependent on the circumstance the letting would probably be a licence to occupy.
5. Therefore an excluded tenancy, is a house share arrangement, where the landlord lets room(s) in his or her home and shares the lounge, kitchen etc. with the tenant, or a bedsit arrangement where the landlord is not servicing the rooms.
6. An excluded licence is where the tenant would be classed as a lodger, this arrangement would include services such as cleaning the room, or where the room is let as a room share with an existing occupant.
7. To end the letting it would depend on whether the tenancy was a fixed term, or a periodic (open ended) tenancy and the nature of the let. If it is a period tenancy you should issue the tenant with a Notice to Quit (L&T61). If it is for a fixed term it will simply expire on the agreed date without either party having to give notice. This arrangement cannot be ended before the end of the fixed term unless both parties agree.
8. To notice period for an excluded tenancy must be at least the length of the rent period and end on a rent day, therefore a weekly tenancy could be ended with a week’s notice. The notice period for an excluded licence is simply the longer of whatever has been agreed between the parties (if anything) and what is “reasonable”. Notice of the same length as would be required for a similar tenancy would normally be considered reasonable.
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