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what is a lodger agreement for scotland?
a lodger agreement for scotland is a type of common law tenancy where the lodger shares the property with the landlord but has exclusive possession of their room. a common law tenancy arises if the occupier lives in the same property as the landlord but has exclusive possession of part of the property. lodger agreements for scotland should be used by residential, live-in landlords who want to rent out a room in their home in scotland.
this document is for scotland only.
when should i use a lodger agreement for scotland?
use this lodger agreement for scotland:
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to rent out a room in your property to a lodger
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if you are a resident landlord
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if you are sharing the property’s common areas with the lodger
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only for property located in scotland
sample lodger agreement for scotland
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lodger agreement
this lodger agreement sets out the parties to this agreement and their rights and obligations.
landlord
- the landlord's full name: ("the landlord").
- the landlord's address: , .
- landlord's telephone number: .
lodger(s)
- .
("the lodger(s)")
accommodation
- shared areas:
- lodger's accommodation: the room at the property the landlord has agreed will be taken by the lodger(s).
start date and duration
- the occupancy agreement will start on ("the start date").
- the occupancy agreement will end on (“the end date”).
rent
- the rent is £ paid in advance. the first payment will be paid on the start date and the subsequent payments will be paid on the thereafter. should the lodger fail to pay the rent the landlord may serve upon them a notice for payment and/or removal or apply to court for payment and/or removal.
council tax and utilities
contents
- the lodger agrees that the signed inventory is complete and accurate at the beginning of the lodger agreement. the lodger has a period of 7 days within which to make sure that the inventory is accurate and inform the landlord of any mistakes. the landlord has the right to deduct from the deposit any costs incurred from the damage or destruction of any items on the inventory caused by the lodger.
insurance
- it is the lodger’s responsibility to insure their personal effects.
duty to take reasonable care of the property
- the lodger agrees to take reasonable care of the property and the common areas by keeping their room clean and tidy and taking reasonable steps to avoid causing damage to the property. the lodger accepts liability for any damage caused to the landlord’s property by them and will bear the costs of any repairs necessary as a result of such damage.
respect for others
- the lodger must not: act in an antisocial manner towards the landlord or any visitor to the property; make excessive noise; allow any visitors to act in an antisocial manner; leave rubbish in inappropriate places; use the property for illegal purposes.
pets
- the lodger agrees to not keep any pets without obtaining the prior written consent of the landlord.
access to the lodger’s room
- the landlord agrees not to access the lodger’s room without prior consent with at least 24 hours' notice, unless in the case of an emergency.
condition of the property
- the landlord agrees to keep the property reasonably fit for human habitation.
ending the lodger agreement
- the lodger agreement may be ended by either party giving no less than 28 days' written notice.
governing law and jurisdiction
- this agreement shall be governed by and interpreted according to the laws of scotland and all disputes arising under the agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the scottish courts.
this agreement has been entered into by the parties on the date of signature.
| _________________________________ | _________________________________ |
| _________________________________ | _________________________________ |
schedule 1 - inventory
about lodger agreements for scotland
learn more about making your lodger agreement for scotland
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how to make a lodger agreement for scotland
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to make your lodger agreement for scotland you will need the following information:
party details
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what are the name and phone number of the live-in landlord?
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what is the landlord’s address?
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what is the lodger’s name?
lodging details
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what is the start date of the lodger agreement for scotland?
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what is the end date of the lodger agreement for scotland?
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how much is the rent and when is it payable?
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are bills included in the rent?
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if not, how much will the lodger pay towards bills?
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what is the deposit amount?
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what are the common areas that the lodger can use?
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common terms in a lodger agreement for scotland
scottish live-in landlords should use a lodger agreement for scotland when they want to rent out a spare room in their home. to facilitate this, this lodger agreement for scotland covers:
landlord
this section provides the landlord’s details, including their name, address and phone number.
lodger(s)
this section provides the name of the lodger (or names of the lodgers).
accommodation
this section identifies the lodger’s room and the common areas the lodger and landlord will share.
start date and duration
this section sets out when the lodger agreement for scotland starts and when it will end.
rent
this section sets out what the rent is and whether it must be paid monthly or weekly in advance. it also clarifies that, should the lodger fail to pay the rent, the landlord may serve them a notice for payment and/or removal or apply to the court for payment and/or removal.
council tax and utilities
this section states whether council tax and utilities are included in the rent. if they aren’t, this section details what contributions the lodger must make.
deposit
if applicable, this section sets out information about the lodger’s deposit.
contents
this section sets out the lodger’s agreement regarding the completeness and accuracy of the inventory created at the beginning of the lodger agreement, the 7-day period to report any errors, and the landlord's right to deduct from the deposit for any damage caused by the lodger to the items on the inventory.
insurance
this section requires the lodger to insure their personal effects.
duty to take reasonable care of the property
this section sets out the lodger’s obligation to keep their room clean and tidy and to take reasonable steps to avoid causing damage to the property. it also sets out that the lodger accepts liability for any damage they cause and will bear the costs of repairs necessary as a result of any such damage.
respect for others
this section requires the lodger to act with respect for others. this includes the lodger being prohibited from acting in an antisocial manner towards the landlord, making excessive noise, leaving rubbish in inappropriate places, using the property for illegal purposes or allowing any visitors to act in an antisocial manner.
pets
this section requires the lodger not to keep pets at the property without the landlord’s consent.
access to the lodger’s room
this section details that the landlord will not access the lodger’s room without prior consent with at least 24 hours' notice, unless in the case of an emergency.
condition of the property
this section sets out that the landlord agrees to keep the property reasonably fit for human habitation.
ending the lodger agreement
this section explains that either the landlord or the lodger may end the lodger agreement for scotland by giving no less than 28 days' written notice.
governing law and jurisdiction
this section specifies that the lodger agreement will be governed by and interpreted according to the laws of scotland. it clarifies that all disputes under the lodger agreement must be settled in accordance with the laws of scotland. this is the agreement’s jurisdiction.
schedule 1 - inventory
once you have made an inventory, you must attach it to schedule 1.
if you want your lodger agreement for scotland to include further or more detailed provisions, you can edit your document. however, if you do this, you may want a lawyer to review or change the lodger agreement for scotland for you, to make sure it complies with all relevant laws and meets your specific needs. ask a lawyer for assistance.
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legal tips for making a lodger agreement for scotland
speak to your bank about opening a lodger deposit account
to ensure that a lodger's deposit is separated from their landlord's income and can be returned easily when the lodger moves out, it is recommended that the landlord opens a suitable separate ‘lodger deposit’ account. speak to your bank about opening an appropriate account.
understand when a lodger agreement for scotland isn’t the right document
lodger agreements for scotland are suitable for live-in landlords renting out a spare room in the property that they live in. if this is not your situation, consider using a:
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private residential tenancy for a room for renting out a room in a property in scotland that you don't live in
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private residential tenancy for a flat for renting out a flat in scotland that you don’t live in
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private residential tenancy for a house for renting out a house in scotland that you don’t live in
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lodger agreement for england and wales, if you are a live-in landlord located in england or wales
for more information, read residential tenancies in scotland.
familiarise yourself with the rules on hmos
an hmo, or house in multiple occupation, is a type of property where several households live together and share facilities. to be classified as an hmo, there must be at least 3 people from more than one household living together and sharing a kitchen, bathroom, or toilet. if the hmo has more than 5 people from different households, it is considered a large hmo. in scotland, all hmos are subject to special landlord obligations (eg regarding fire safety) and must be licenced. for more information, read hmos.
understand when to seek advice from a lawyer
ask a lawyer for advice if:
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you're unsure of your responsibilities as a live-in landlord
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this document doesn't meet your needs or cover what you want
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you wish to evict a lodger in scotland
this lodger agreement for scotland is governed by the laws of scotland.
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lodger agreement for scotland faqs
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what is included in a lodger agreement for scotland?
this lodger agreement for scotland covers:
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the start date of the lodging
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the end date of the lodging
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the names of the landlord and the lodger
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shared areas in the property
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rent payable and its due date
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whether bills are included in or excluded from the rent
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deposit arrangements
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insurance
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pets
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ending the lodger agreement for scotland
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why do i need a lodger agreement for scotland?
whilst common law tenants are not regulated by statute or the law, it's recommended to have a lodger agreement for scotland in place when you take in a lodger. such arrangements can be in writing or verbal. however, it's always best to get it in writing if possible. this will help prevent or resolve disputes about the terms of a lodger agreement and clarify things from the start.
for more information, read taking in a lodger.
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do resident landlords need to be registered in scotland?
unlike private residential tenancies, you don’t typically need to be registered as a landlord when taking in a lodger. however, note that this is only the case if you are using the home as your only and main residence and there will be no more than 2 lodgers in your property. for more information, read landlord registration in scotland.
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what is a resident landlord?
to be classed as a resident landlord, you must:
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use the property as your only or main home (if you only stay in the property occasionally and have another home elsewhere, you won't count as a resident landlord), and
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have direct access from your accommodation to the lodger’s (for example, a landlord living in a separate flat in the same building as their lodger won't count as a resident landlord; a landlord who has separate rooms in the same house as the lodger will)
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can i take in a lodger?
if you own your home, you can usually take in a lodger. however, if you have a current mortgage you may need to inform your mortgage company or ask them for permission. most mortgage agreements allow you to rent out a room in your home, but you usually need permission from your lender. check your mortgage agreement to see what it says. if it says you need permission, it's important to get this before anyone moves in. if you don't, you could be breaking your agreement and your lender may take you to court. taking in a lodger is not always allowed and some lenders refuse to permit it if you have mortgage arrears.
for more information, read taking in a lodger.
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do i need to inform my insurers?
you won't always need to inform your insurers, however, renting out a room in your home may affect your contents insurance. to make sure your belongings continue to be protected against theft or damage by a valid insurance policy, you should inform your insurers of the new situation. this may mean they will increase your premiums. however, you should read your insurance policy to see what it says regarding lodgers or contact your insurer if your policy doesn't say anything.
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do i need to protect a lodger’s deposit?
if you take a deposit from a lodger you will not need to register it with a tenancy deposit scheme. however, it is recommended that you place the lodger’s deposit in a separate bank account. you should speak to your bank about this.
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do i have to pay tax on any rental income?
you don't have to pay any income tax on the rent you receive if:
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you live in the same property as your lodger
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the room you rent out is furnished, and
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the rent you receive is not more than £7,500 a year (£625 a month)
if you get more than this amount in rent, you can either pay income tax on the amount over £7,500 or pay tax on all the rent and claim tax back on any expenses involved (such as buying furniture or providing services). for more information, read rent a room scheme and tax and the government's guidance on the rent a room scheme.
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will taking in a lodger affect my benefits?
if you receive income support (is) or universal credit or jobseeker's allowance (jsa), you may receive reduced benefits if you rent out a room, as you will be receiving more income than normal.
if you do intend to rent out a room, you may need to inform the relevant benefits administrator of your change in circumstances.
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how can i evict my lodger?
if a common law tenant doesn’t leave at the end of a notice period, you can apply for an order from the sheriff court to get them to leave. if the lodging is coming to an end and you have given the correct notice, or if you can prove your lodger has broken a condition of their agreement, you will usually be given an automatic order.
for more information, read evicting lodgers in scotland.
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