Lodger Agreement (Scotland)

What is a lodger agreement?

A lodger agreement is an agreement between a property owner and a lodger. The lodger will rent a room or space within a property from the property owner. The property owner will remain living in the property. This lodger agreement is designed for use in Scotland. A different agreement should be used where the parties are resident in England.

What is the difference between a lodger agreement and a private residential tenancy agreement?

A lodger will occupy a room or a space within a property and the owner will remain living in the rest of the property. A lodger agreement creates a common law tenancy, which is a contractual agreement between the owner and the lodger. A lodger agreement can be terminated with notice, as per the terms of the agreement.

A private residential tenancy is open-ended, meaning there is no fixed end date. In order to end a private residential tenancy agreement, a landlord must rely on particular grounds for eviction and must follow a prescribed process. Tenants under a private residential tenancy agreement will have particular rights in accordance with the relevant housing laws.

Is it mandatory to have a lodger agreement?

No. It is not mandatory to have a written lodger agreement – a common law tenancy can be created and implied by spoken words or actions. However, it is helpful to have a written agreement so that each party has a clear understanding of the terms of the agreement.

What are the prerequisites of a lodger agreement?

Before creating a lodger agreement, a property owner should:

• ensure they have the legal authority and relevant permission to enter into a lodger agreement (e.g from a mortgage lender or insurer where applicable)
• ensure that they understand their duties and responsibilities as part of a lodger agreement

The parties may also wish to receive advice* before the agreement is finalised.

The lodger agreement will not be reviewed by a lawyer to ensure that the legal content applies to the personal situation of the parties. In order to receive advice about the particulars of this agreement before it is finalised, it will be necessary to instruct a lawyer. For this type of agreement, it is necessary to consult with a lawyer who is regulated by an approved regulator in the legal services sector. It is possible to search for a lawyer on the Law Society website.

Who can enter into a lodger agreement?

The tenant and the property owner should be over the age of 16. Each party should have the legal capacity to enter into a contract. Capacity refers to a situation where a person has the ability to understand and make legal decisions for themselves.

What can be the duration of a lodger agreement?

A lodger agreement can have a fixed end date, or the parties can agree that the agreement will remain in force until further notice

What must be done once the lodger agreement is ready?

The agreement should be signed by the parties. The parties may choose to sign the agreement in the presence of a witness. This can assisting in proving the validity of the agreement

Each party should retain a copy of the agreement that contains the witnessed signature of both parties.

The tenant may occupy the property in accordance with the terms of the agreement. The property owner must comply with their duties as a landlord in a common law tenancy.

Is it necessary for the lodger agreement to be witnessed?

Whilst not mandatory, a lodger agreement can be witnessed, to help prove the validity of the agreement. Each party may therefore sign the agreement in the presence of a witness, who will then also sign the agreement. The witness should be an adult with capacity, who is not a party to the agreement.

What documents should be attached to a lodger agreement?

The property owner should also accurately fill in the inventory and record of condition and this should be attached to the agreement once it has been signed and agreed by the lodger.

How can a lodger be evicted?

Written notice can be provided to the lodger under the agreement if the owner wishes for them to leave. The notice will specify a move-out date. If the lodger fails to leave after this, a formal eviction process can be followed and court order can be sought.

What must a lodger agreement contain?

A lodger agreement must identify:

• the parties – the lodger and the property owner must be named in the agreement
• the property – the property should be described and the address should be listed
• the room – the portion of the property which shall be occupied by the lodger should be defined
• the term – the start date and duration of the agreement must be explained
• the rent and any other charges – the sums payable in connection with the property by the lodger and the terms of payment should be listed.
• the terms of occupation and the responsibilities of the parties – all duties and requirements of each party should be clearly defined.

Which laws apply to a lodger agreement?

In Scotland, a common law tenancy is governed by contract. This means the terms will depend upon the agreement that has been reached between the parties.

The Housing (Scotland) Act 1998 (Part II) deals with protection from unlawful eviction.

Help from a lawyer

You can choose to consult a lawyer if you need help.

The lawyer can answer your questions or help you through the process. You will be offered this option when you complete the document.

How to modify the template?

You fill out a form. The document is created before your eyes as you respond to the questions.

At the end, you receive it in Word and PDF formats. You can modify it and reuse it.