Period of Notice for a Lodger

flashbang

Hi,

Can anyone please advise.

I'm currently lodging with someone but have decided to move out. We agreed that my period of notice would be four weeks.

I took this to mean four weeks and not four weeks from the date i pay her the rent money. I understand it's normal to give a months notice if your a tenant as most tenancy agreements state this but i'm not a tenant and i dont have a contract or written agreement.

I thought i was being reasonable giving a full months notice rather than the four weeks notice and this seemed to have been agreed upon. Because the four weeks takes me past the monthly payment date on the rent i of course pointed this out and said i would pay the relevant amount for that period of time. She then contacted the letting agent to inform them of her intention to move out aswell and they have reminded her about the written notice period in her contract. All of a sudden we are at loggerheads over my notice period.

Can anyone advise please, even to tell me i'm wrong!! Any legal quotes or links to documents would be appreciated.

Thanks

maninthestreet

You're a lodger, you can move out whenever you like, without giving any notice. Did you pay any deposit?

DVardysShadow

She is subletting - which is probably not allowed under her tenancy agreement. But that is not relevant to you, if she is you landlady. She is trying to pass her terms and conditions on to you, but as a lodger, the notice required either way is nil.

jjlandlord

maninthestreet wrote: »

You're a lodger, you can move out whenever you like, without giving any notice.

Unless a lodger agreement was drawn and stipulates otherwise.

may_fair

DVardysShadow wrote: »

She is subletting - which is probably not allowed under her tenancy agreement.

She is not subletting if she has not given OP exclusive possession of his room. Assuming not, she is sharing possession, which may or may not be prohibited under the terms of her tenancy agreement.

may_fair

flashbang wrote: »

We agreed that my period of notice would be four weeks.

Then that is what you are obliged to give, and only that. You have an oral contract with your landlady, which is just as valid as a written contract (it's just harder to prove the terms agreed if there's a dispute).

She then contacted the letting agent to inform them of her intention to move out aswell and they have reminded her about the written notice period in her contract.

Your landlady has a tenancy agreement with her landlord, (most likely the property owner); you are not party to this contract so it's nothing to do with you and entirely your LL's problem in terms of her giving notice to end her tenancy.

All you need do is move out at the end of the four weeks' notice you've given, and pay rent pro-rata for the relevant period up to the end of the four weeks. Assuming you move out then, no further rent is due. (Ideally, you should have given your LL notice in writing, kept a copy, and posted it with a free certificate of posting - it's not legally necessary, but would be useful as evidence if she later alleges you never gave any notice).

flashbang

Thanks for the replies and for reassuring me, I did pay a deposit and just hope this can be resolved without my deposit dissapearing!