Licence to Occupy a Room in the Landlord’s Home (Part Time)
This licence should be used where a landlord is taking in a lodger who will live in the property on a regular, but part time, basis. It has been updated to comply with the Tenant Fees Act 2019 ("TFA"), which affects landlords in England.
Setting the permitted times
The part-time arrangement is specified in the "Permitted Times" section on the first page of the licence. The most common arrangement is a Monday to Friday licence for someone who works a long way from home and needs accommodation during the working week, but the combination of days and hours can be adjusted to suit the circumstances.
What the lodger can use and pay
The licence gives the lodger use of a bedroom and rights to use other parts of the house or flat, such as the kitchen, bathroom, corridors, staircase and, optionally, the living room. The lodger pays a monthly licence fee that is stated to be inclusive of council tax, plus a fair proportion of the utility bills.
Under the TFA, landlords in England must only charge "permitted payments" as defined by the TFA, or they face financial penalties, and subsequent offences could result in a criminal offence. Permitted payments include rent, tenancy deposit, council tax, utilities, TV licence and default fees, covering late payment of rent and replacement of a lost key or security device where required under a tenancy agreement.
Cleaning costs
The costs of cleaning the shared areas of the house can only be charged if they are included in the licence fee. If the lodger wants their own room cleaned, this should be arranged and paid for separately.
Under the TFA, landlords cannot require a licensee to pay for a professional clean at the end of the licence, as this is a prohibited payment under the TFA. Landlords can require licensees to clean to a professional standard.
Interest on late payment
Under the TFA, landlords can only charge interest for late payment once the licence fee is more than 14 days overdue, and the rate of interest must not exceed 3% above the Bank of England's base rate.
Access to the room outside the permitted times
The licence has an optional clause providing that the landlord will not enter or use the lodger's room outside the permitted times, that is, when the lodger is not living there, without the lodger's consent. If the landlord needs to use the room during these times, for example to accommodate weekend visitors, this clause can be amended to suit the landlord's requirements.
Licence period and ending the licence
The licence runs for a fixed term, the licence period, but can be brought to an end early by either party giving notice as set out in clause 4. Landlords might prefer to keep the licence period fairly short, for example a few months, and then renew the licence if the arrangement is working well. The other option is to have a longer licence period and terminate the licence if circumstances change.
Deposits
This licence does not provide for the lodger to pay a deposit. If the landlord does take a deposit, it will not need to be protected in a tenancy deposit scheme. In England, use of such schemes is compulsory only for deposits taken from assured tenants, although the landlord may prefer to use a tenancy deposit scheme as a matter of good practice. The sum of the security deposit must not exceed the caps set by the TFA.
Room use and fire safety
The rules regarding use of the room are detailed at clause 2.4, and additional licensee covenants in respect of fire safety have been added.
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