Lodger Agreement

The parties/signatories to this agreement are advised that signature of this document will have legal consequences. Where either party is unsure or does not understand the legal obligations and responsibilities placed upon them under this agreement, they are advised to seek legal advice before signing.

LODGER AGREEMENT

for the Private Rental Sector in Scotland

1. PARTIES

A. Landlord:

________ whose resident address is at:

________

(hereafter "the Landlord")

B. Lodger:

________ whose resident address is at:

________

(hereafter "the Lodger")

The Parties have agreed and do hereby agree as follows:

2. DEFINITIONS AND INTERPRETATIONS

A. Definitions:

I. "Agreement" means this lease and any document which is supplemental thereto or which is expressed to be collateral herewith or any document which is entered into in accordance with this Agreement.

II. "Premises" means the property owned by the Landlord where the Lodger shall rent a room under this Agreement and any and all Shared Areas which may be used by the Parties as specified in this Agreement.

III. "The Room" or any variation thereof means the room or rooms in the Premises which are allocated for the use of the Lodger during the period of this Agreement as set out hereunder.

IV. "Shared Areas" means any and all of the specified areas of the Premises which can be used by the Landlord and the Lodger and any other relevant persons during the period of this Agreement.

V. "Landlord" means the person as specified to be Landlord and any and all persons deriving title from the Landlord.

VI. "Lodger" means the designated Lodger under this agreement and where so permitted any assignees or sub-Lodgers as permitted under this agreement and any personal representatives of the Lodger.

VII. "the period of this Agreement" or any variation thereof means the duration that this lease of the Room will be granted to the Lodger for as specified in this Agreement together with any continuation of that duration thereof.

VIII. "the start date of this Agreement" or any variation thereof means the ________.

IX. "Furniture and Fittings" means the fittings, furniture, furnishings and other items used by the Lodger from time to time in the Room and the Shared Areas in accordance with the latest inventory signed by the Landlord and the Lodger. Such inventory will be prepared by the Landlord and signed by him and the Lodger at the commencement of this Agreement and on each/any occasion the Lodger is required to move into another room.

X. "Data Protection Laws" means the relevant laws, statutes, legislation, orders, regulations or any other relevant rules which may be applicable to the processing of personal data to which a party to this agreement is subject to, including the Data Protection Act 2018 and any modification thereof.

XI. "Jointly and Severally Liable" means that, where there is more than one Landlord, each Landlord shall be fully liable for the obligations of the other Landlord to the Lodger as set out under this agreement.

XII. "Rent" means the amount payable by the Lodger to the Landlord as set out under this agreement.

XIII. "Guarantor" means a third party, requested by the Landlord, who shall meet any obligation and pay any rent in arrears where the Lodger fails to pay such rent or meet any such obligation. The guarantor can have legal action taken against them by the Landlord to recover any rent not paid by the Lodger or any obligation not met by the Lodger under this agreement.

B. Interpretations:

I. Words which import the neuter gender only shall include the masculine and feminine genders; words importing the masculine gender only shall include the feminine gender and vice versa.

II. Words which import the singular only shall also include the plural and vice versa; where two or more persons are included in the expression "the Lodger", or any variation thereof, obligations contained within this agreement which are to be made by the Lodger shall be binding jointly and severally on them and their respective representatives and executors.

III. Words importing persons, where that person is not the Lodger, include companies and vice versa.

IV. Reference to any Act of Parliament shall include any modification, reenactment, amendment or extension thereof for the time of it being in force and shall also include all orders, plans, regulations, directions, permissions, bye-laws and instruments for the time being made, issued or given thereunder or deriving validity therefrom.

V. Where any obligation placed on the Lodger under this agreement provides for the Lodger not to do an act or thing this shall include an obligation not to permit such act or thing to be done and to prevent any such act or thing being done by a third party.

VI. Any reference to the necessary consent or approval of the Landlord or words and phrases with similar effect shall mean the consent or approval of the Landlord in writing executed by or on behalf of the Landlord.

VII. Where there is any reference to the right of the Landlord to have access to the Premises, the Room and the Shared Areas this shall be understood as to extend this right to any persons authorised to do so on behalf of the Landlord including but not limited to workmen, contractors, agents, professional advisors and others.

3. THE PREMISES

The Premises owned by the Landlord where the Lodger shall be permitted use of the Room and Shared Areas can be found at the following address:

________

4. ACCOMODATION

A. The Room:

For the period of this Agreement, the Lodger shall be permitted exclusive use and possession of the following room or rooms within the Premises:

________

B. Shared Areas:

For the period of this Agreement, the Lodger shall have the right to use the following areas of the Premises in common with the Landlord:

________

C. Non-permitted Areas:

For the period of this Agreement, the Lodger shall not be permitted to use or access the following areas of the Premises without the express permission or invitation of the Landlord:

________

5. START DATE OF AGREEMENT

Under the terms of this Agreement the Lodger shall be permitted to use and occupy the Room and the Shared Areas of the Premises from the ________ and this Agreement shall continue on a rolling basis monthly from this date until notice is given by either party to terminate this Agreement.

6. RENT

A. Rent will be payable by the Lodger to the Landlord on a weekly basis. The Lodger shall pay to the Landlord the rent of £________ (________) every week for the duration of this Agreement with the first payment being due on or before the ________ with each subsequent payment covering the week immediately following the one in which payment is made.

B. The method by which the Lodger should pay the Landlord is: ________. This shall be the standard and preferred method of payment under this agreement. Rent may be paid using another method under reasonable circumstances and where the Lodger has agreed this with the Landlord prior to payment being made.

C. Where the Lodger fails to pay rent to the Landlord, the Landlord shall be able to serve upon the Lodger a notice for payment or removal from the Premises or apply for a court order for removal or payment.

7. DEPOSIT

A. On or before the start date of this Agreement, the Lodger shall have to pay to the Landlord a deposit of £________ (________). The Landlord shall provide the Lodger with a receipt for the deposit paid and the deposit shall not be subject to any interest charges.

B. The Landlord will be entitled to use any sums from the deposit to remedy any breach of obligation by the Lodger contained herein or to remedy any damage or injury sustained to the Premises or the Room as a result of the actions of the Lodger or any persons connected to them.

C. The deposit or any remaining sum of the deposit shall be returned to the lodger within fourteen days of the date on which this agreement shall terminate once the relevant notice period has been given by either the Landlord or the Lodger.

D. Where this Agreement is terminated by the Landlord as a result of the Lodger being in arrears in payment of rent or any other payment required to be made by the Lodger under any obligation herein contained or where the Lodger becomes insolvent or shall make any arrangement with any creditors or shall suffer any diligence to be brought or levied against the Premises or the contents thereof then and in any such case it shall be lawful for the Landlord to retain ownership of the deposit and the Lodger shall forfeit any right to request the deposit and any remaining balance thereof be returned to them.

8. LOCAL AUTHORITY TAXES AND BILLS

A. Utilities

All payments of rent due under this Agreement shall be exclusive of any and all charges for the provision and supply of any gas, electricity and any other fuel or service supplied to the Premises which is approved by the Landlord.

B. Local Authority taxes and charges

I. Where the Lodger is liable to pay any council tax and other associated charges to the local authority it shall be the responsibility of the Lodger to notify the local authority of this. The amount payable to any local authority to cover any relevant taxes and charges will not be included in the rent payable by the Lodger under this Agreement.

II. Where the Lodger is exempt from paying any council tax and other associated charges, the Lodger shall notify the local authority of this at the beginning of the period of this Agreement.

9. USE AND OCCUPATION OF THE ROOM AND SHARED AREAS

Under the terms of this Agreement the Lodger agrees to occupy the Room and the Shared Areas of the Premises as their home. The Lodger is forbidden from carrying out any business, profession or trade from the Room or Shares Areas on the Premises unless prior written permission has been granted by the Landlord.

10. INSURANCE

The Landlord shall at all times during the operation of this Agreement insure and keep insured the Premises and all parts thereof against the normal insured risks with reputable insurers for the full reinstatement value thereof. The Landlord will, if reasonably required and requested, produce a certificate from the Insurers to the Lodger stating the parts of the Premises so insured and the date to which the premiums have been paid.

11. ASSIGNATION AND SUBLETTING

The Lodger shall be forbidden from: subletting the Room, the Shared Areas or any other part of the Premises; assigning their rights under this Agreement in the Room, the Shared Areas or any other part of the Premises to another person; take in another lodger or any other persons unnamed in this Agreement; or assign any part of the Room, the Shared Areas or any other part of the Premises or give up possession of the Room, the Shared Areas or any other part of the Premises to any other person.

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13. CARE OF THE ROOM, SHARED AREAS AND THE PREMISES

A. The Lodger agrees to take reasonable care of the Room, the Shared Areas and any relevant parts of the Premises which the Premises form part of and in particular agrees to undertake the following obligations:

I. To be liable for the cost of any repairs where the damage that has been sustained is attributable to the fault or negligence of the Lodger or any person or guest residing with them.

II. To not keep or bring any hazardous or combustible goods or materials into the Premises or any parts thereof, notwithstanding the normal and safe use and storage of petroleum and gas for commonly used household goods and appliances.

III. Not to put any oil, grease or other damaging or corrosive material down drains, waste pipes or into any washing or sanitary appliances.

IV. To keep the Room, the Shared Areas and any relevant parts of the Premises clean and in good working order and the fixtures, fittings and furniture therein contained in good condition.

V. To dispose of all rubbish in an appropriate manner and at an appropriate time and to ensure that any rubbish is not placed or stored in any Shared Areas at any time.

VI. Not to tamper or interfere with any smoke detectors, carbon monoxide detectors, heat detectors or the fire alarm system.

VII. Not to tamper or interfere with any locks or relevant door closing mechanisms included within the Room, Shared Areas or any other parts of the Premises.

VIII. To immediately notify the Landlord of any structural damage or defects in the Room, Shared Areas Premises or any other part thereof.

IX. Not to mistreat any furniture and fittings provided for the use of the Lodger, or provide any person connected with them to mistreat any furniture and fittings and, in the event of the latter occurring, to take such steps as are available to remove that person from the Premises.

X. To only keep any pets within the Premises when having obtained the Landlord's prior written agreement and, where such pets are permitted, to keep them under control to ensure that they do not cause deterioration to the Premises or the fixtures and fittings and furniture or deterioration in the condition of the Shared Areas or nuisance to neighbours or others in the locality of the Premises.

XI. Not to make any structural or physical alterations to the Room, Shared Areas or any other relevant parts of the Premises, its furniture, fixtures or fittings, nor to carry out any external alterations at anytime whatsoever.

XII. To ensure that at the termination of this Agreement the Room is cleaned to the highest standard and that any carpets, curtains and other similar fabrics are free from stains and soils which occurred during course of this Agreement.

14. ACCESS TO THE LODGER'S ROOM

A. The Lodger agrees to allow the Landlord access to the Room from time to time as is necessary. The Lodger shall be given no less than twenty-four hours notice of the Landlord's intention to visit. The Lodger must allow access for repairs which the Landlord is required to do under this Agreement, by the law, or by any other agreement between the parties. The Lodger must also allow any tradesperson, or contractors hired by the Landlord, access to the Room to carry out relevant repairs or any other work as is deemed necessary.

B.The Lodger must allow access to the Room by the Landlord for inspections to ensure the Room is being cared for properly under the terms of this Agreement. Inspections shall take place every ________.

C. In the event of an emergency, the Landlord reserves the right to effect forcible entry to the Room where access is not made available by the Lodger or the Lodger is absent from the Room. Where emergency access is required to the Room the twenty-four hour notice period shall not be necessary.

15. LANDLORD'S OBLIGATIONS

A. Throughout the duration of this Agreement, the Landlord shall have the following responsibilities:

I. To maintain the Room, the Shared Areas and any and all parts of the Premises in a wind and watertight condition and in all other respects reasonably fit for human habitation. Where the Lodger has caused any condition or defect which prevents the Premises from being in such condition the Lodger shall be liable to restore the Premises to such condition fit for human habitation.

II. To keep in repair and in proper working order all installations in the premises for the supply of water, gas, electricity, heating, water heating, and sanitation except where any fault in the working order of any installation has been caused by the Lodger or persons connected to them. This obligation shall include the upkeep and repair of any basins, sinks, baths, showers, toilets; fitted gas or electric fires and central heating systems; any cooking facilities and extractor fans.

III. To replace or repair any fixtures fittings or furnishings supplied by the Landlord which have become defective in a reasonable timeframe. Where any such defect has been caused by the Lodger they shall be responsible for any replacement or repairs.

B. The Lodger shall be obligated to notify the Landlord immediately of any need for repair to any part of the Room or Shared Areas and the Landlord undertakes, in a reasonable period of time after notification, to carry out all repairs for which he is responsible under this Agreement.

C. The Lodger agrees that they will be responsible for the cost of any repairs caused by their fault or negligence or the fault or negligence of any person residing with them or visiting them or any other person for who the Lodger is legally responsible for.

16. RESPECT FOR OTHERS

The Lodger shall refrain from engaging in antisocial behaviour and conduct while they are resident in the Room, present in any of the Shared Areas or any part of the Premises. Where the Lodger has any persons resident with them or any visitors to the Room, the Shared Areas or any other parts of the Premises the Lodger shall be responsible for ensuring that these persons do not engage in antisocial behaviour while on the Premises or any part thereof. In particular the Lodger and any persons connected to them must not engage in any antisocial behaviour towards anyone present in the Premises, a neighbour, the Landlord, agent, contractor and any other persons. Where the Lodger is found to have engaged in antisocial behaviour, this shall be a ground for termination of this agreement.

17. PROVISOS

A. Irritancy

If during the period of this Agreement the rent that is provided for herein shall at any time be in arrears after said rent shall have become due (whether legally demanded or not) or if there is any breach of any obligation or undertaking as contained in this Agreement by the Lodger or where the Lodger becomes insolvent or shall make any arrangement with any creditors or shall suffer any diligence to be brought or levied against the Room or any part of the Premises or the contents thereof it shall be lawful for the Landlord to serve notice in writing to the Lodger to bring this Agreement to an end forthwith and to enter the Room and repossess and enjoy the Room and the Shared Areas as if this Agreement had never been granted to the Lodger but this shall not be to the detriment of any right of action or remedy of the Landlord in respect of the early termination of this Agreement or of any previous breach of any of the undertakings by the Lodger contained in this Agreement, which irritancy is hereby declared to be pactional and not penal, and shall not be puregeable at the Bar.

B. Cessor of Rent

Where in any such case the Room, the Shared Areas or all of the Premises and any parts thereof shall be destroyed or become so damaged by means of an Insured Risk that it becomes unfit for occupation or use and the applicable insurance policies have not been vitiated or any payment of sums due for the policies has not been refused in whole or in part as a result of any act of default on the part of or allowed by the Lodger then all rents that are stipulated under this Agreement or a reasonable, fair and just proportion thereof commensurate with the nature and extent of the damage sustained shall be suspended and cease to be payable and this Agreement shall terminate forthwith and all rights and interests granted to the Lodger under this Agreement shall be revoked.

C. Notices

Any reference to any notice, request or consent under this Agreement shall have to be made in writing. Any notice to be served on the Lodger may be served by being left in the Room or in any other part of the Property from where post is usually collected or by being handed and delivered directly to the Lodger in person and shall be deemed to have been received upon the expiration of 24 hours after service. Any notice to be served on the Landlord may be served by being handed and delivered directly to the Landlord or by being left in any other part of the Property from where post is usually collected and shall be deemed to have been received upon the expiration of 24 hours after service.

18. TERMINATION

A. This Agreement may be terminated by either party named herein by providing written notice of their intention to quit the Agreement. The Landlord shall provide the Lodger with at least 4 weeks notice before the date on which they wish the Lodger to vacate the Room, Shared Areas and Premises. Where notice to terminate this Agreement is served by the Lodger to the Landlord, the lodger must also provide at least 4 weeks notice before the date on which they wish to vacate the Room, Shared Areas and Premises.

B. Where the Lodger is found to have breached any obligation or undertaking placed upon them herein, the Landlord shall have the right to terminate this Agreement and in this case the Lodger shall still be provided with 4 weeks written notice. Where the Lodger fails to vacate the Room, Shared Areas and Premises within 4 weeks the Landlord shall be able to apply for a court order compelling the Lodger to vacate the Premises.

19. GUARANTOR

A. The Guarantor shall guarantee the payment of all rent and any other obligations under this agreement, and any other relevant payments or costs which are due to the Landlord by the Lodger under this Agreement, and liability shall continue in respect of any payment due by the Lodger to the Landlord even after the termination of this Agreement or alteration to it. The person who shall act as a Guarantor for the Lodger under this agreement is as follows:

________ whose resident address is at:

________

Signature:

20. SEVERABILITY

Where any accepted and recognised body of authority finds any clause, provision, undertaking, condition, obligation, term or any other stipulation within this Agreement to be unlawful or unenforceable to any such extent, such clause, provision, undertaking, condition, obligation, term or any other stipulation within this Agreement shall be severed from the remainder of the Agreement and all other remaining clauses, provisions, undertakings, conditions, obligations, terms and all and any other stipulations shall remain in effect and valid to their fullest extent as permitted by the law.

21. DECLARATIONS

A. In signing this Agreement and taking entry to the Room and Shared Areas the Lodger:

I. declares and confirms that the Room, the Shared Areas and the Premises is fit for human habitation;

II. declares and confirms to have made a full and true disclosure of all the information sought by the Landlord in connection with the granting of this Agreement;

III. confirms not to have knowingly or carelessly made any misleading or false statements, whether written or oral, which might affect the Landlord's decision to enter into this Agreement with the Lodger; and

IV. confirms to have read and understood the terms of this Agreement.

22. LAW OF SCOTLAND TO APPLY

This Agreement shall be interpreted and construed in accordance with the Law of Scotland and any dispute, difference or question of any kind which shall or may arise between the parties of this Agreement shall be determined in accordance with the Law of Scotland and the parties submit to the exclusive jurisdiction of the Scottish Courts.

23. CONSENT TO REGISTRATION

The parties consent to registration hereof for preservation and execution: IN WITNESS WHEREOF

Signature of Lodger:
________

Date:

Signature of Witness:

Full Name of Witness:

Address of Witness:




Date:

Signature of Landlord:
________

Date:

Signature of Witness:

Full Name of Witness:

Address of Witness:




Date:

Inventory and Record of Condition

The following information provides details of the furniture and fittings in the Room and Shared Areas in the Premises which are permitted to be used by the Lodger under the Lodger Agreement. This inventory pertains to the Premises at:

________

The Room









The Shared Areas



















Both the Landlord and the Lodger agree and confirm that the information set out above is an accurate and detailed description of the furniture and fittings contained within the Room and the Shared Areas of the Premises.

Signature of Lodger:________________________________ Date:________________
________

Signature of Landlord:________________________________ Date:________________
________