Lodgers
Definition and Legal Background
A lodger is a person who hires
the use of one or more rooms with service, and
who has a formal financial arrangement with the
tenant.
Normally family members are not
treated as lodgers, and a tenant does not need
permission to allow a member of his/her family
to stay within the home, as long as it does not
result in overcrowding. The term family member
is defined in Part VII Section 108 of the Housing
(Scotland) Act 2001.
The law relating to
lodgers is set out in the Part II, Section 32
and schedule 5 of the Housing
(Scotland) Act 2001 (the Act)
Making the Decision
A tenant who wishes to take in
a lodger must apply for permission on the official
form which is available from any of the Area
Offices. A tenant shall not take in a lodger
without the written consent of the Council.
The Divisional Housing Manager shall
make a decision within 1 month of the date of
the request. The Divisional Housing Manager shall give
his/her reason for refusing the request.
When Might a Request be Refused?
The Divisional Housing Manager shall
not normally give permission to take in a lodger
in any of the following circumstances:
Debt to the Council
Where the tenant owes any tenancy related
debt to the Council, including: current tenant
arrears; rechargeable repairs; replacement fittings;
or court costs.
Overcrowding
Where taking in a lodger would lead to overcrowding,
as defined in the section 'Overcrowding'
Previous Unsatisfactory Tenancy
Where the proposed lodger has previously been
a tenant of the Council, and still has an outstanding
housing debt in respect of that tenancy, or,
in the opinion of the Council has been an unsatisfactory
tenant.
Right-to-Buy
Where the tenant has applied to purchase his/her
property.
Condition of House/Garden
Where the tenant has not maintained his/her house
or garden to a satisfactory standard.
Proceedings for Possession
Where a notice under section 14(2) of the Housing
(Scotland) Act 2001 has been served on the tenant
or an eviction order has been granted.
Anti-Social Behaviour
Where the tenant or a member of his/her household
is subject to an investigation of anti-social
behaviour.
Conditions
Length of time
The Council shall grant permission to take in
a lodger for an initial period of six months.
The tenant may request in writing permission
to renew this arrangement for a further six
month period at the discretion of the Divisional Housing Manager.
Amount of rent/deposit to be
charged
The rent charged shall correspond with the number
of bedrooms in the property. For example, in
a 3-bedroom house, the lodger shall be charged
no more than one third of the rent charged by
the Council for the secure tenancy of the property.
The tenant may require the sub-tenant
to pay a returnable deposit as security for gas,
electricity and telephone accounts, and against
damage to the house or its contents. The deposit
shall be no more than four fortnightly rent payments
charged by the tenant to the lodger.
Rent Payments/Conditions of
Tenancy
The tenant shall continue to be responsible for
paying rent to the Council and for ensuring that
the terms of the Tenancy Agreement are kept throughout
the period the lodger is in residence.
The tenant shall be responsible
for the behaviour of the lodger while he/she
is living in the house.
If the tenant relinquishes the
tenancy he/she shall be responsible for ensuring
the lodger has moved out before formally terminating
the tenancy and handing in the keys.
Increase in Rent
The tenant shall obtain written permission of
the Council for any proposed increase in the
amount of rent charged to the lodger.
The charge shall not exceed the
amount specified in 'Amount of rent/deposit
to be charged' above.
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