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    • Toastie2018
    • By Toastie2018 7th Feb 18, 11:12 AM
    • 3Posts
    • 3Thanks
    Toastie2018
    Early termination negotiation
    • #1
    • 7th Feb 18, 11:12 AM
    Early termination negotiation 7th Feb 18 at 11:12 AM
    Hi everyone. Just seeking some advice about ending my periodic tenancy early.

    My agreement states that I am a lodger. When I moved in my landlord lived in the property part-time. This ended about 8 months ago when he stopped sleeping at the house. However, he uses the communal lounge as an office Monday - Friday. It's a three storey town house and there are two other tenants. There is an available bedroom for the landlord.

    I gave my notice to vacant as this is not working for me. I intended to stay the month (as per agreement), however, I do not feel comfortable or safe in the home as I feel harassed. The landlord is overbearing, goes into our bedrooms as he pleases (the agreement does not give exclusive use of the bedrooms) and always has something to say about cleaning or bills (even though he spends the most time in the house). He also has unrealistic expectations, in my opinion, regarding the cleaning of the house e.g. wash all the crockery and cutlery in the dishwasher every week, clean windows, water his plants, clean out the oven glass etc. I think for a shared house it is pretty clean.

    I try to keep my distance by leaving for work early and coming back later, but this is difficult as he is in the house until late some times. In hindsight, I should have moved out way before but stayed due to the convenience of the commute to work and having a good relationship with the other lodgers.

    I am due to pay my month's rent. He holds a month's deposit. Can I just move out leaving the deposit to cover the rent for the notice period?

    I have requested a meeting to discuss an early termination and I am willing to find other solutions, but ultimately, I just want to move out. Any suggestions?
Page 1
    • Pixie5740
    • By Pixie5740 7th Feb 18, 11:29 AM
    • 11,659 Posts
    • 16,403 Thanks
    Pixie5740
    • #2
    • 7th Feb 18, 11:29 AM
    • #2
    • 7th Feb 18, 11:29 AM
    Hi everyone. Just seeking some advice about ending my periodic tenancy early.

    My agreement states that I am a lodger. When I moved in my landlord lived in the property part-time. This ended about 8 months ago when he stopped sleeping at the house. However, he uses the communal lounge as an office Monday - Friday. It's a three storey town house and there are two other tenants. There is an available bedroom for the landlord.

    I gave my notice to vacant as this is not working for me. I intended to stay the month (as per agreement), however, I do not feel comfortable or safe in the home as I feel harassed. The landlord is overbearing, goes into our bedrooms as he pleases (the agreement does not give exclusive use of the bedrooms) and always has something to say about cleaning or bills (even though he spends the most time in the house). He also has unrealistic expectations, in my opinion, regarding the cleaning of the house e.g. wash all the crockery and cutlery in the dishwasher every week, clean windows, water his plants, clean out the oven glass etc. I think for a shared house it is pretty clean.

    I try to keep my distance by leaving for work early and coming back later, but this is difficult as he is in the house until late some times. In hindsight, I should have moved out way before but stayed due to the convenience of the commute to work and having a good relationship with the other lodgers.

    I am due to pay my month's rent. He holds a month's deposit. Can I just move out leaving the deposit to cover the rent for the notice period?

    I have requested a meeting to discuss an early termination and I am willing to find other solutions, but ultimately, I just want to move out. Any suggestions?
    Originally posted by Toastie2018
    I'm not sure that you are a lodger (excluded occupier) based on your description of the set up. It sounds as if you are a tenant with all the rights of a tenant such as it being a legal requirement to protect your deposit because for you to be an excluded occupier your landlord has to live in the same property with you and share living space with you. Your landlord would appear to be living elsewhere.

    What's more with 3 tenants living in the property it's an HMO.

    You may want to get confirmation from Shelter first that you are a tenant but that's the angle I would play if you want to leave early and see your deposit again.

    Shelter Helpline
    0808 800 4444
    • G_M
    • By G_M 7th Feb 18, 11:32 AM
    • 43,185 Posts
    • 50,751 Thanks
    G_M
    • #3
    • 7th Feb 18, 11:32 AM
    • #3
    • 7th Feb 18, 11:32 AM
    There is a possibility you are no longr a lodger, but a tenant, since this is not your LL's main home. However you are still sharing some accomodation with him.

    Either way I don't believe it makes a difference.

    If your contract specifies a month's notice, then that is your contractual obligation. Anything less would need to be discussed and agreed with the LL.

    Your reasons for wanting to leave are irrelevant. Being a lodger, and sharing a home with a landlord, really makes you obliged to fit in with his lifestyle (eg cleanliness etc). I agree going into your room is intrusive, but the solution is to leave.

    For privacy in future, become a tenant with exclusive occupation.
    • Toastie2018
    • By Toastie2018 7th Feb 18, 12:02 PM
    • 3 Posts
    • 3 Thanks
    Toastie2018
    • #4
    • 7th Feb 18, 12:02 PM
    • #4
    • 7th Feb 18, 12:02 PM
    Thank you for you replies and advice Pixie5740 and G_M. I think I have continued to view myself as a lodger as he is always in the property. I will seek clarification from Shelter. I have learnt my lesson and will definitely be avoiding anything short of a tenant with exclusive occupation going forward. I will also have a frank conversation regarding cleaning expectations to avoid this current situation.

    I am waiting to hear from him about the meeting.
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