There are a lot of people that have a flatmate agreement in the UK. This is because these are the guys who share their home with a roommate to split the cost of the rent. While both tenants will have signed a lease agreement with the landlord, it can sometimes make sense to have a written and signed flatmate agreement too.
If you have ever experienced a flatmate that leaves dishes in the sink, never puts the bins out or always seems to have dirty clothes lying around, then you are probably already wondering why on earth you didn’t insist on a flat-share tenancy agreement right at the very beginning.
You can find a free room-mate contract template here to help you in making sure your room-mate, and yourself, know and understand each other’s responsibility in the shared home. The free template is for you to use should you not be sure how to make a roommate agreement.
What is a flatmate agreement in the UK?
A flatmate or a roommate agreement is a legal document that outlines the responsibilities of each person sharing the home. These responsibilities can take the form of any number of things, such as who pays what share of a given utility bill, who cleans up on what days, and what share of the rent each person pays… The list is virtually endless, but it does pay to have an agreement just in case.
Having an agreed-upon, and signed, can save tenants (yourself included) a lot of headaches later on if a flat-share turns sour because nobody can agree on who is meant to do what; a signed agreement removes all ambiguity.
Is a flat-share tenancy agreement legally binding?
They are legally binding, yes. It is worth noting that an agreement is a contract; it is just a matter of semantics. If, for instance, there is a serious breach of the agreement such as damage to property, rent payments not being made by a flatmate, then the offender can be taken to court.
It should be remembered however that a court is not likely to enforce a flat-share agreement if somebody is ‘in breach of’ certain aspects of said agreement.
Such aspects could include things like:
- Dirty dishes always being left lying around
- Bins not being taken out
- Letters not being sorted
- Quiet times not being respected
While these may well be valid complaints, and they should be in any flat-share agreement, they are not likely going to be of interest to a court. Include them, by all means, as they should form the basis of any flat-share tenancy agreement – especially in a multiple occupation HMO, where more than two people are likely to be tenants.
What should a flatmate agreement include?
You should take your time drafting a roommate agreement, as it may be difficult to add things later after a flatmate agreement in the UK has been signed. There are a few things that should be included and others that may be more dependent on your situation – every arrangement is different, after all. A room-mate agreement template makes life easier, but be sure that at least the following two considerations are in there:
Rent payments
Before the first rent payment is due, giving yourself as much time as possible, you need to work out two things with regard to the rent:
- How the rent is going to be divided between the tenants
- Who is going to be responsible for giving the money to the landlord
Most of the time, rent will be split evenly, but there may be instances where you want to divide the rent differently. This may happen where one flatmate has a significantly larger room or an ensuite, for example.
When deciding who will be responsible for paying the landlord, that will likely depend on how your landlord wants their rent to be paid. The majority prefer one single payment at the end, or the start, of the month as opposed to multiple payments.
You need to work out how you are going to pool the payments and then get it to the landlord on time, and in one go. Also, consider what happens if a roommate moves out – how will the rent be divided between the other tenants? All of this needs to be included in the flatmate agreement in the UK.
Making utility payments
As with the rent payments, decide how utility payments should be divided and who will be responsible for making the actual payment to the provider(s) and have this included in the flat-share tenancy agreement.
One possible route is to have everything listed under one person’s name and have the others pay their share into that person’s bank account. Alternatively, you could state that each person takes turns paying different utilities and have a rotation system.
Getting these things agreed as early as possible is going to help avoid arguments later.
Does my flatmate agreement need to be notarized?
Properly prepared flatmate agreements (this is where our flatmate agreement UK template comes in handy) are already legally binding, so there is no need to have them notarized at a law firm. Notarized or not, flat-share tenancy agreements are legally binding, and they can be upheld in a UK court.
It should also be noted that a flatmate agreement in the UK is not the same thing as a tenancy agreement. The first agreement is between the individual tenants, while the second is between the landlord and the tenant. They sound a little similar on first hearing, but one should not be confused with the other.
What questions should I ask before signing a flatmate agreement?
When signing a flatmate agreement, it’s essential to ask the right questions to avoid potential misunderstandings and conflicts down the line. Whether you’re renting with friends or strangers, a clear agreement ensures everyone is on the same page regarding responsibilities and expectations. Below are key questions to consider before signing:
1. What is the rent, and how is it divided?
Understanding how the rent will be shared is crucial. Will it be split equally, or will one person pay more due to having a larger room or ensuite? Clarifying this prevents disagreements later on.
2. How are bills handled?
Apart from rent, utility bills (electricity, gas, water), internet, and council tax need to be considered. Ask how these costs will be split and who is responsible for paying the bills. Will everyone transfer their share to one person who handles the payments, or will each person take responsibility for a specific bill?
3. What is the length of the tenancy?
Ensure you know how long you’re committing to live with this flatmate. Is it a six-month, one-year, or rolling contract? Additionally, clarify how much notice needs to be given if someone wants to leave early and what happens if one person leaves before the tenancy ends.
4. How will communal areas be used?
It’s important to have a clear understanding of how shared spaces such as the living room, kitchen, and bathroom will be used. Will you have separate areas for personal items like food, or is everything communal? Discuss expectations around tidiness and cleaning of these spaces.
5. How will cleaning duties be divided?
Cleaning is often a major source of conflict between flatmates. Will you use a rota system, or will each person be responsible for their own mess? It’s a good idea to agree on how often tasks like vacuuming, cleaning the bathroom, and removing the rubbish will be done.
6. What is the guest policy?
Some people are more comfortable with frequent visitors than others, so it’s good to ask about their guest policy. Are overnight guests allowed, and if so, how often? What’s the procedure if someone’s partner stays over for extended periods?
7. How will food and shopping be managed?
Will you do grocery shopping together and share the cost of communal items, or will you each buy your own food? Some flatmates may prefer to have personal shelves in the fridge, while others might be happy to share everything. Discuss what works best for everyone.
8. What’s the approach to noise and quiet times?
Are there expectations around noise levels, especially during certain times of the day? For instance, is there a quiet period in the evenings or mornings when people prefer to relax or study without disturbance? Establishing these boundaries early on is key to ensuring a harmonious environment.
9. Are pets allowed?
If either of you has or plans to get a pet, it’s important to discuss this upfront. Some people have allergies or simply prefer a pet-free home. Check if the landlord permits pets as well.
10. What happens in case of damages or repairs?
Clarify who is responsible if something breaks or needs repairing in the flat. Will costs be shared equally, or will the person who caused the damage foot the bill? Additionally, discuss how maintenance issues will be handled, such as reporting problems to the landlord or letting agency.
11. Are there any specific house rules?
Some flatmates prefer setting house rules to ensure everyone is on the same page. This could include things like smoking, tidying up after cooking, using headphones for loud music, or restrictions on certain activities.
12. How will we resolve disagreements?
It’s always good to have a plan for handling conflicts. Will you have regular flatmate meetings to discuss any issues, or will you agree to a sit-down conversation if a problem arises? Open communication is key to avoiding resentment.
13. How much is the deposit, and how is it protected?
Make sure you’re clear on how much deposit is required and how it will be protected. In the UK, landlords are legally required to put deposits in a government-approved deposit protection scheme. Also, ask what deductions might be taken at the end of the tenancy and how disputes over deposits will be handled.
14. Are subletting and changes to the flatmate agreement allowed?
Ask whether it’s allowed for one person to sublet their room if they need to leave temporarily. Also, ensure that any changes to the agreement, such as adding a new flatmate or changing the rent split, need to be mutually agreed upon.
15. What are the terms for leaving the flat?
Find out what the process is if someone wants to move out before the end of the tenancy. How much notice should be given, and will they need to find a replacement tenant? Understanding this can help avoid awkward situations if someone needs to leave unexpectedly.
Asking these questions upfront can prevent much stress and disagreements later on. It’s a good idea to have everything in writing, either in the flatmate agreement itself or as an addendum, to ensure everyone knows what’s been agreed. Flatmate arrangements can vary widely, so clear communication is key to a smooth living experience.
