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Lodger - Leaving with 1 month notice instead of the 2 in the agreement

silentalibi
Posts: 13 Forumite
Hi everyone, I have a quick question
I'm a student lodger, and have been renting a room with the live-in landlady since 05 Sept 2009. Due to unforeseen circumstances (moving in with mum as she has to move to new house), I'll be moving on the 17th January, after giving notice on 17th December.
One thing that I had totally missed (mainly because in the agreement it states the landlord may give one month's notice to evict), was that in fact I am required to give two months notice, and had in my head that I had read as only one month.
I understand there's no governing body dealing with agreements between lodgers and landlords, and am just wondering if there is any legal clause anywhere that may deem these two months unreasonable and unfair?
Do I have a leg to stand on if I wish to pay only for one month's notice?
It's just that there's no way I can't move then (even if it means paying an extra wasted month), and as a student, an extra £625 is a LOT of money.
Thanks
I'm a student lodger, and have been renting a room with the live-in landlady since 05 Sept 2009. Due to unforeseen circumstances (moving in with mum as she has to move to new house), I'll be moving on the 17th January, after giving notice on 17th December.
One thing that I had totally missed (mainly because in the agreement it states the landlord may give one month's notice to evict), was that in fact I am required to give two months notice, and had in my head that I had read as only one month.
I understand there's no governing body dealing with agreements between lodgers and landlords, and am just wondering if there is any legal clause anywhere that may deem these two months unreasonable and unfair?
Do I have a leg to stand on if I wish to pay only for one month's notice?
It's just that there's no way I can't move then (even if it means paying an extra wasted month), and as a student, an extra £625 is a LOT of money.
Thanks

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Comments
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If you signed something that said 2 months notice, you probably don't have a leg to stand on I'm afraid! A lot of tenancy agreements have a 2 month break clause in them. But if you already gave notice to leave on January 17th, did your landlady say something then? Is she insisting on the extra month's rent?0
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someone will come and let you know but are you in an AST which are normally 6 months minimum then you are stuffed untill the 6 months are up. However you are correct that you only need to legally give 1 months notice whereas the landlord would have to give you two months to evict you.Always ask ACAS0
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I think there is a big, big difference between a tennant and a lodger.
OP did you actually sign something to say you would give 2 months notice.
Perhaps under the circumstances you could speak to your landlady and if another lodger could be found then she may let you out of your agreement.
£625 a month is a LOT of money to pay as a lodger, does she feed you as well.make the most of it, we are only here for the weekend.
and we will never, ever return.0 -
Oh crap my fault for not reading properly, I could be wrong but if your a lodger then neither sidehas much rightsAlways ask ACAS0
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well it's £625 a month, we are a couple. and no, we don't get fed, but it is a very nice, large room in north london, therefore quite expensive. and yes, she's asking to pay the two months notice, which includes all of january and up to the 17th of february, leaving us with a hefty final bill of £937. compare that with the £312 it would be to leave with 1 month notice!
she's pretty crazy though, one night we left a spoon in the sink, and the next day we had a note saying "on the days you don't feel like cleaning after yourselves, don't use the kitchen", then a note on the kitchen whiteboard saying "don't use the kitchen". but that's another story, as far as i'm concerned that's pretty irrelevant to this one!
I got off the phone with Shelter just now, and they said that we could say we're only paying for one month after the notice (up to mid jan), then let her keep the deposit. financially this would work out the same as paying the £937 then getting the deposit back.
Though she changed her tone when I mentioned the agreement said she could give only one month to evict us, even if we had to give two. She mentioned we should look at the office of fair trading, as she believed that was an unfair contract. If we had an AST, it would be the other way around!
I found this document on unfair terms for tenancy agreement contracts, but i'm struggling to find the relevant parts, can you guys help?
http://www.oft.gov.uk/shared_oft/reports/unfair_contract_terms/oft356.pdf
Anyway, thanks for the advice, keep it coming0 -
She sounds a loony.... mind you quite a few Landlords are...
Read this lot...
http://england.shelter.org.uk/get_advice/renting_and_leasehold/private_tenancies/excluded_occupiers
Cheers!
Lodger (A Landlord..)0 -
she sounds like an idiot.
Pay her nothing and walk, seriously, what's she going to do!!0 -
she sounds like an idiot.
Pay her nothing and walk, seriously, what's she going to do!!
keep the £625 deposit! haha.
so i'm starting to think the chances are pretty slim of only paying for one month notice and still getting the deposit back, right?
just wondering if I can still get her for unfair contract terms...0 -
OFT are not law, they are guidelines only and since OFT has just lost their case against Foxtons i would not be wanting to use their recommendations as the basis for a legal case0
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My advice is that you should do the honourable thing and pay her what you agreed to when you signed the contract.0
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