Lodger help please!!!

TBagpuss

I would write back to her saying "following on from our conversation I accept your notice of terminationof our lodgers agreement. Although our agreement does require 1 month's notice I am willing to agree to your request to backdate your notice to 13th July, and accordingly the agreement will terminate on 12th August. Please ensure that you remove all of your personal belongings prior to that date - any items left after that date will be disposed of"

That way, you are making it cldeare to her that as far as you are concerned , she has given notice and you have accepted. If you are concerned that she may dispute this, you could add

"If I have misunderstood your request, then to avoid any confusion, I confirm that I am hereby giving you notice of termination of the agreement. This will expire on 21st August. You will need to ensure that all of your belongings are removed by that date, after which they will be disposed of." Depending on when she has paid rent untiol, you would also add, if appropriate "obviously, if you do not consider that your statement to me was effective notice then I remind you that you will have to pay up to the expiry of the notice period I have given you (i.e. up to 21st August) and would be grateful if you could arrange to let me have your cheque for £xx not later than [date she normally pays]"

Mojisola

TBagpuss wrote: »

I would write back to her saying "following on from our conversation I accept your notice of terminationof our lodgers agreement. Although our agreement does require 1 month's notice I am willing to agree to your request to backdate your notice to 13th July, and accordingly the agreement will terminate on 12th August. Please ensure that you remove all of your personal belongings prior to that date - any items left after that date will be disposed of"

That way, you are making it cldeare to her that as far as you are concerned , she has given notice and you have accepted. If you are concerned that she may dispute this, you could add

"If I have misunderstood your request, then to avoid any confusion, I confirm that I am hereby giving you notice of termination of the agreement. This will expire on 21st August. You will need to ensure that all of your belongings are removed by that date, after which they will be disposed of." Depending on when she has paid rent untiol, you would also add, if appropriate "obviously, if you do not consider that your statement to me was effective notice then I remind you that you will have to pay up to the expiry of the notice period I have given you (i.e. up to 21st August) and would be grateful if you could arrange to let me have your cheque for £xx not later than [date she normally pays]"

I wouldn't add the bit in bold - hold it in reserve in case she challenges the first part.

sez1512

After seeking advice I sent the following via email;

'The South West Landlord Association, have informed us that by leaving without giving written notice last night you have surrendered the lodger agreement. It is now up to us to accept it-which we do.

Because of this, written notice is no longer needed as the contract has now ended.

We will refund the rent for the unused days and you can arrange to collect you furniture at a mutually agreeable time.'

She replied by text;
'Your email so funny. *&%$&£# I don't care I still have property there please leave me alone don't text me '


No more I can do now apart from be reasonable and allow her to collect her things.

phill99

Confusedandneedhelp wrote: »

Im sorry but thats just not correct.

You have a contract, if you breach that contract, which clearly you would if you gave 24 hrs notice, when the contract says a month.

The other party would be able to sue you for their losses, including damage to their property.

Just because your lodger didnt do that, doesnt mean it doesnt happen.

You're very lucky, and slightly silly, advising this.

Please do not patronise me saying I'm 'silly'. Direct me to case law where a lodger has successfully sues their ex landlord for breach of contract. The problem with this forum is that it is full of barrack room lawyers who think they can comment on any subject that is put before them, you included.

Just read the last post from sez1512, confirming the contract is now at an end.

nidO

At this point i'd tell her you'll store her things until the 13th of next month at a cost of £8.22 a day (ie the same as you charge her in rent then if she does collect her stuff give her a pro-rata refund from the date she picked up her stuff rather than the date she moved out) and that after that date if you haven't heard from her she can collect her stuff from the local tip/charity shop.

Confusedandneedhelp

phill99 wrote: »

Please do not patronise me saying I'm 'silly'. Direct me to case law where a lodger has successfully sues their ex landlord for breach of contract. The problem with this forum is that it is full of barrack room lawyers who think they can comment on any subject that is put before them, you included.

Just read the last post from sez1512, confirming the contract is now at an end.

You want me to highlight case law which stipulates that a party has sued another party for breach of contract?

I think you are silly, (actually i think you're quite stupid if you think you can terminate a contract without the agreement of the other party)

The problem with this forum, is people like you give advice based on a single experience where you got away with it. The fact is, the tenant has a contract which he can take to any court and say, 'i paid my rent, here is my contract, the landlord just through me out and i spent £XXX on B&Bs until i found new accomodation and £YYY of my property was destroyed because my LL threw it in the garden.' - and your excuse would be 'it's my house, your honour, so i cancelled the contract', and then you would lose.

If you want examples ill dig some out for you, or you could google contract law.

Pixie5740

sez1512 wrote: »

After seeking advice I sent the following via email;

'The South West Landlord Association, have informed us that by leaving without giving written notice last night you have surrendered the lodger agreement. It is now up to us to accept it-which we do.

Because of this, written notice is no longer needed as the contract has now ended.

We will refund the rent for the unused days and you can arrange to collect you furniture at a mutually agreeable time.'

She replied by text;
'Your email so funny. *&%$&£# I don't care I still have property there please leave me alone don't text me '


No more I can do now apart from be reasonable and allow her to collect her things.

I hope she collects her belongings sooner rather than later so you can put this episode behind you.

Confusedandneedhelp

sez1512 wrote: »

After seeking advice I sent the following via email;

'The South West Landlord Association, have informed us that by leaving without giving written notice last night you have surrendered the lodger agreement. It is now up to us to accept it-which we do.

Because of this, written notice is no longer needed as the contract has now ended.

We will refund the rent for the unused days and you can arrange to collect you furniture at a mutually agreeable time.'

She replied by text;
'Your email so funny. *&%$&£# I don't care I still have property there please leave me alone don't text me '


No more I can do now apart from be reasonable and allow her to collect her things.

She hasnt actually agreed with you in her text. I think you'll be fine, just want to point out that packing bags and leaving without saying where your going is not usually enough to 'surrender' any kind of licence or tenancy.

But anyway, not the point, doesnt sound like she wants to come back, so win win for you

booksurr

phill99 wrote: »

I had a lodger once. I gave her 24 hours notice and out all her belongings in the garden. Never heard from her again..

phill99 wrote: »

The problem with this forum is that it is full of barrack room lawyers who think they can comment on any subject that is put before them, you included.

well you don't even qualify as a barrack room lawyer if you post such rubbish based on your one experience

google "involuntary bailee" and then read this:
http://www.legislation.gov.uk/ukpga/1977/32/contents

In this Act “ wrongful interference” , or “ wrongful interference with goods” , means ....
(c)negligence so far at it results in damage to goods or to an interest in goods.

sez1512

Confusedandneedhelp wrote: »

She hasnt actually agreed with you in her text. I think you'll be fine, just want to point out that packing bags and leaving without saying where your going is not usually enough to 'surrender' any kind of licence or tenancy.

But anyway, not the point, doesnt sound like she wants to come back, so win win for you

She said she was moving out to her parents, so im covered there.