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  • FIRST POST
    • Bonfunkjc
    • By Bonfunkjc 9th Sep 17, 2:22 PM
    • 6Posts
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    Bonfunkjc
    6 month contract leaving early
    • #1
    • 9th Sep 17, 2:22 PM
    6 month contract leaving early 9th Sep 17 at 2:22 PM
    Hello all,

    Long time visitor but not posted in a while! A few weeks ago I moved into a shared house with a live in landlord. At the time we agreed for 6 months but that leaving early could be discussed and in the contract (from easyroommate) there was an early leaving clause meaning either party could provide 1 months notice and then leave.

    Ultimately the noise level has gotten so bad I spoke to my landlord about leaving. With the 1 month notice period, this would mean I would be staying for 2 months having been here for around a month already.
    However despite the early leaving clause (for him, all he needs to do is give me 1 month notice and I need to move out) he is saying that 4 months will still be unpaid. For this, he requires that from my deposit of £775 it is pro rated so that he would take 4/6ths ie approximately £500. This seems grossly unfair when I would have served the 1 month notice.

    Can anyone advise? It would be greatly appreciated.

    Bonfunk
Page 1
    • Slithery
    • By Slithery 9th Sep 17, 2:32 PM
    • 285 Posts
    • 365 Thanks
    Slithery
    • #2
    • 9th Sep 17, 2:32 PM
    • #2
    • 9th Sep 17, 2:32 PM
    Please quote the relevant break clause in full so we can see what it says.

    But I'd guess that your landlord is talking rubbish, although you may have to go to small claims court to get your money back if he refuses.
    • Bonfunkjc
    • By Bonfunkjc 9th Sep 17, 2:42 PM
    • 6 Posts
    • 0 Thanks
    Bonfunkjc
    • #3
    • 9th Sep 17, 2:42 PM
    • #3
    • 9th Sep 17, 2:42 PM
    Thanks, I'll post it as soon as I'm home!
    • Bonfunkjc
    • By Bonfunkjc 9th Sep 17, 4:05 PM
    • 6 Posts
    • 0 Thanks
    Bonfunkjc
    • #4
    • 9th Sep 17, 4:05 PM
    • #4
    • 9th Sep 17, 4:05 PM
    So the contract says:

    EARLY TERMINATION

    The licence may be ended:

    15.1 By the Owner without notice if the licence fee is not paid on the day when it becomes due or if the licensee is in breach of any of the terms of this agreement; (and)

    15.2 If the licensee becomes bankrupt or becomes subject to an administration order or entry or enforcement of a judgement; and

    15 3 By either party not giving less than 1 months written notice


    I take 15.3 to mean that my 1 month notice should be sufficient, and don't think my landlord should be holding 4/6ths of my deposit as a result. All advice appreciated.

    Bonfunk
    • 00ec25
    • By 00ec25 9th Sep 17, 4:40 PM
    • 5,359 Posts
    • 4,700 Thanks
    00ec25
    • #5
    • 9th Sep 17, 4:40 PM
    • #5
    • 9th Sep 17, 4:40 PM
    15 3 By either party not giving less than 1 months written notice

    I take 15.3 to mean that my 1 month notice should be sufficient, and don't think my landlord should be holding 4/6ths of my deposit as a result. All advice appreciated.

    Bonfunk
    Originally posted by Bonfunkjc
    I agree with your interpretation of the contract.

    however, enforcing the contract is a different matter and may require you to go to court to get an enforcement since your resident LL holds your cash and therefore the only way you will get it back is to sue him.
    • bowlhead99
    • By bowlhead99 9th Sep 17, 4:46 PM
    • 6,890 Posts
    • 12,403 Thanks
    bowlhead99
    • #6
    • 9th Sep 17, 4:46 PM
    • #6
    • 9th Sep 17, 4:46 PM
    So the contract says:

    EARLY TERMINATION

    The licence may be ended:

    15.1 By the Owner without notice if the licence fee is not paid on the day when it becomes due or if the licensee is in breach of any of the terms of this agreement; (and)

    15.2 If the licensee becomes bankrupt or becomes subject to an administration order or entry or enforcement of a judgement; and

    15 3 By either party not giving less than 1 months written notice


    I take 15.3 to mean that my 1 month notice should be sufficient, and don't think my landlord should be holding 4/6ths of my deposit as a result. All advice appreciated.

    Bonfunk
    Originally posted by Bonfunkjc
    So from that you can see that you can terminate the agreement.

    What does the part of the contract that talks about the deposit say - what is the deposit for, and under what circumstances will it be returned? If you can terminate the contract any time you like and the deposit will be returned in full on termination less amounts retained for damages, it would seem quite straightforward that he wouldn't be entitled to make an arbitrary withholding of a portion of it on some 'time-basis'.

    If the agreement says the deposit will be returned on termination and there are no conditions attached to it, then it's nice and easy, and if your landlord had wanted a different outcome he should have put something else in the agreement (given it was him and not you writing the agreement that he was wanting you to sign). Perhaps he did.

    You mention that 'he is saying that 4 months will still be unpaid'. But the 4 months shouldn't need to be paid, because the contract saying it should be paid in exchange for you getting to live there, has been terminated. So, if he wants to withhold a portion of deposit to cover notionally 'unpaid' rent / license fee, he would need to have something in the contract that says he can. The 'deposit' part of the agreement would be the logical place for him to have put it, so start by looking there.

    As suggested above, if he owes you money back at the end and doesn't give it to you, you might have to take him to small claims court to recover it.
    Last edited by bowlhead99; 09-09-2017 at 4:48 PM.
    • Bonfunkjc
    • By Bonfunkjc 9th Sep 17, 4:56 PM
    • 6 Posts
    • 0 Thanks
    Bonfunkjc
    • #7
    • 9th Sep 17, 4:56 PM
    • #7
    • 9th Sep 17, 4:56 PM
    Thanks for the replies Bowlhead and ec.

    So the part about the deposit says:

    4.2 A deposit of £775 before taking occupation, which the owner must return on vacation of the room by the licensee at the determination of this agreement subject to the deduction of a reasonable amount to compensate the Owner for any unpaid rent, damage to the Room or house, any unpaid utility bills and expenses, telephone charges, and any repayment of Housing benefit

    Again, I don't really see how this would cover the amount he wants to pro rata off. Thoughts appreciated!

    Bonfunk
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