# Lodger Agreement for establishing COMI



## javanaise (30 Apr 2014)

Hi all,
I had initially agreed with a landlord to rent a room from them and to receive an assured shorthold tenancy contract. However, they are now asking me if I can sign a lodger agreement instead. The agreement sets out the term of the lease and the utilities that will be included if I take up residency. Does anyone know if this will be sufficient in terms of establishing my COMI? I'm a little perplexed - is a lodger agreement the UK equivalent of a rent a room agreement? If so, I think that should be ok. However, I have been advised that a judge might find this a bit 'watery'. 
If anyone has any advice, I'd be very happy to hear it!
Thanks
J


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## Action (30 Apr 2014)

Hi J,

You should be absolutely fine as long as the agreement is a proper legal document which has been signed and witnessed. If it has it will suffice to help you in establishing your COMI.

Hope this helps.


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## javanaise (30 Apr 2014)

Hi Action,
Thanks for getting back to me. All very stressful!
I know it needs to be an independent person who witnesses it. Can that be anyone, or for the COMI should it be someone official? Last question, thanks a million!
J


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## Action (30 Apr 2014)

On a tenancy document you can have anyone witness your signature. No problem at all and I hope it all works out for you.


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## Steve Thatcher (19 May 2014)

The key to this is two fold,

get the lodger agreement in your name and then show the payments each month out of your bankrupt to the landlord. The two will tie up and that will be fine. Get some utilities in your name as well.

Steve Thatcher
www.stevethatcher.ie


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## javanaise (21 May 2014)

Hi Steve,
Thanks for your response.
I paid three months up front. One from my UK account, one from my Irish bank account (before I left) and one in cash. I received receipts for all of them. Is that insufficient? 


Also, all the utilities are in the landlord's name, and included in the rent. This is outlined in the lodger agreement. I don't think I can get utilities in my name. Stressful stuff.


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## suarez (21 May 2014)

Gggggghhhhh


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## prodigy81 (21 May 2014)

@Suerez, has you comments been removed?? I noticed on a post regarding when to leave after your bankruptcy had gone and replaced with just lettering!!?


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## javanaise (22 May 2014)

Hi Uncle Monty

Thanks for your reply. How might it come back and haunt me? Also, getting utilities in my name probably isn't any use unless I'm paying it from my account? 

Can I ask what your background is?

I can't work until I get my NIN, which, frustratingly, is going to take another four  weeks according to the Jobcentre people. Have a doctor's appointment for June. No NHS dentists in area. Have registered to vote. Use my bank card at least 4 days a week. 

It's the utilities that are proving the problem. And, as far as I can see, the only difference between the lodger agreement and an assured shorthold tenancy contract is in the former, the landlord lives there and the latter the landlord doesn't. If anyone can confirm this, that would be great.


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## javanaise (22 May 2014)

Thanks for the advice.


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## suarez (25 May 2014)

Hhhhh


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## concept (26 May 2014)

What are lodging rates approx. per person in UK and what does that include -bed and breakfast only? Thanks


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## suarez (27 May 2014)

Be mindful of internet / phone scams when dealing with private landlords in the UK. Uk estate agents charge approx. 250 fees. The risk of being defrauded is minimised.


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