[Closed] moved in with my mate, i need a tenancy agreement but which one?

Im not sure such a thing exists. If you live with an owner you have less rights and may not be able to create a tenancy just a license. But I'm a scots lawyer so am not 100% on Eng stuff.

CAB website or Shelter?

Here you go, Tim:

EDIT: LL living in same property changes things. Had on...

http://england.shelter.org.uk/get_advice/renting_and_leasehold/private_tenancies/excluded_occupiers

Basically things are not very clear on certain issues, such as reasonable notice to quit. It's silly, and this form of tenancy needs looking at to make things more clear-cut.

If you get along with your mate, then things should be ok, but it can be a bit 'walking on eggshells'.

As for Housing Benefit etc; the DSS will need proof of your occupancy, the amount of rent, length of tenancy, that sort of thing. Worth using the AST form to knock up a basic agreement both of you can sign.

I'm a scots lawyer

How nice. I'm an Armchair Lawyer, which is the England and Wales version... 😉

Not sure it's that simple Fred, he has less protection in any event, not sure if this means he can't be a tenant in a technical/legal sense.

http://www.adviceguide.org.uk/index/your_family/home_and_neighbourhood_index_ew/renting_a_home_index_ew/renting_from_a_private_landlord.htm#The_tenancy_began_before_15_January_1989

Occupiers with basic protection
If you are not an assured tenant, assured shorthold tenant, or protected tenant, you may be an occupier with basic protection. You will be an occupier with basic protection if you have:-
a ‘company’ let (where a company holds the tenancy and provides accommodation for you as a member of staff)
a student let granted by an educational institution
[u]a resident landlord who does not share living accommodation with you, the accommodation is your landlord’s only or main home and your landlord has been living there since the tenancy began and lives there when the tenancy ends. If your landlord shares living accommodation with you, you will not have basic protection - see under heading The right to stay in the accommodation[/u]
accommodation provided by the Crown or a government department
accommodation provided by some housing co-ops and almshouses
accommodation provided by your employer in order for you to carry out your job. If you occupy accommodation because of your job (for example, a launderette assistant or a caretaker) you may not necessarily have to give up the accommodation if you leave the job.
The above list is not exhaustive and if you think you may have basic protection you should consult an experienced adviser because people who have basic protection have limited rights. A person in this situation can contact an experienced adviser at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by e-mail, click on nearest CAB.

http://england.shelter.org.uk/get_advice/renting_and_leasehold/private_tenancies/excluded_occupiers

Hmm doesn't seem to bar a tenancy or written agreement necessarily (a licence and tenancy are different things)

Not sure on a style/precedent though.

Probbly best off getting a place where you can have an AST, if you intend to stay there for any length of time. Lodging is favoured by those who need a place quick, cheap and one they can move on from after a short time. I've had a few mates have problems lodging with others.

When one of my housemates needed an agreement for benefit I just googled simple tenancy agreement. All it basically said on it was the rent amount and we signed it. They paid him fine.

I think your missing the point, he's not seeking a tenancy agreement because he wants legal protection as a tenant (although it would be wise to put in place an agreement anyway), he's seeking to formalise the arrangement in order to qualify for Housing Benefit.

This may be useful, although its written from the perspective of the "landlord": http://england.shelter.org.uk/get_advice/renting_and_leasehold/sharing_and_subletting/lodgers

I think your missing the point, he's not seeking a tenancy agreement because he wants legal protection as a tenant (although it would be wise to put in place an agreement anyway), he's seeking to formalise the arrangement in order to qualify for Housing Benefit.

I know. I've mentioned this. The HB office will require proof that it's a proper abode though, not just a person kipping on a mate's sofa and claiming money for it. One issue is the legal ability of the LL to actually be able to let a room/space, as not all LLs are allowed to do this. Also the property needs to fulfil certain legal requirements in order to be able to accommodate tenants/lodgers. Such as safe gas supply, adequate and satiusfactory sanitation, fulfilling Statutory Overcrowding legislation and stuff like that. This may require a housing Benefit assessment officer coming to view the property.

Fair enough poly - I reckon anything typed and not dodgy looking will satisfy DHSSS