Lodger moving out - advice needed

stsarina

Hi,

I'm hoping some of you might be able to help me advise a friend of mine. She rented a room in a house in the summer, and initially signed a fixed term contract for 3 months, expiring October 1st. It seems to be that the landlady is new to having a lodger, as she gave my friend a contract stating they each need to give 2 months notice to leave, which sounds more like an AST than a lodger's contract?

My friend was happy with the arrangement and the house, but over the weekend was alerted by another friend that the landlady was advertising her room as being available from October 1st. She confronted the landlady and advised her that she was no longer comfortable living with her so would vacate at the end of September, but the landlady said she was only 'testing the waters' with the advert and didn't actually want to evict her. The atmosphere is very tense and my friend now wants to leave upon the expiry of the fixed term contract, but the landlady is insistent that she has to give two months notice. Am I right in thinking my friend can just leave by 11.59pm on October 1st and she won't be breaching the contract?

Also, the landlady holds a £400 deposit. Would my friend need to make a claim in the small claims court to get this back if the landlady tried to keep it for the 'notice period'?

Thanks in advance.

booksurr

if the LL physically lives in the property then your friend is a lodger

a lodger and their LL can agree terms and make a contract. This does not convert it into an AST and never will. She is a lodger with a written agreement and that is that, don't use terminology applied to ASTs as that would be irrelevant

where a lodger agreement exists then both she and the LL are bound by its terms since it is a formal contract which they both signed to accept being bound by them. If your friend decides to breach the contract the implications depend totally on whether the LL will take friend to court to recover the LL's losses.

if friend leaves "early" with insufficient notice then the LL could keep the deposit against her lost rent and sue your friend for the balance of the 2 months owed. Your friend has no basis on which to get back her £4000 if she leaves on 1 Oct as then end of a "fixed term" in a lodger agreement has noting at all to do with the AST equivalent. Your friend needs to give 2 months notice if she expects her deposit back or she can just walk out whenever she feels like it and take a chance on being sued by the LL

pmlindyloo

stsarina wrote: »

Hi,

I'm hoping some of you might be able to help me advise a friend of mine. She rented a room in a house in the summer, and initially signed a fixed term contract for 3 months, expiring October 1st. It seems to be that the landlady is new to having a lodger, as she gave my friend a contract stating they each need to give 2 months notice to leave, which sounds more like an AST than a lodger's contract?

My friend was happy with the arrangement and the house, but over the weekend was alerted by another friend that the landlady was advertising her room as being available from October 1st. She confronted the landlady and advised her that she was no longer comfortable living with her so would vacate at the end of September, but the landlady said she was only 'testing the waters' with the advert and didn't actually want to evict her. The atmosphere is very tense and my friend now wants to leave upon the expiry of the fixed term contract, but the landlady is insistent that she has to give two months notice. Am I right in thinking my friend can just leave by 11.59pm on October 1st and she won't be breaching the contract?

Also, the landlady holds a £400 deposit. Would my friend need to make a claim in the small claims court to get this back if the landlady tried to keep it for the 'notice period'?

Thanks in advance.

Your friend can leave at the end of her fixed term contract but not before.

http://www.adviceguide.org.uk/england/housing_e/housing_renting_a_home_e/housing_subletting_and_lodging_e/housing_lodging_e/what_rights_do_lodgers_have.htm

Seems a very daft contract as regards the two months' notice since it was only signed for 3 months!

If the landlady gets stroppy tell your friend to telephone Shelter and put it on speaker phone so that she can hear the reply!

As regards the deposit - if the LL doesn't return it then she needs to write a Letter Before Action (keep a copy) saying that she owes her and that she will be taking court action for its return if it is not returned within 5 days. Give LL details of how it can be paid (bank transfer is good)

stsarina

Thank you both. booksurr the landlady definitely lives in the property. My friend has exclusive use of one bedroom and shares the communal areas - lounge, kitchen and bathroom.

That's what confused me, pmlindyloo - she's living there on the basis of a lodger, but the landlady seems to be trying to treat her as a tenant. I'll confirm with her that the fixed term definitely expires on October 1st, but from what I can gather, she's liable for rent up until that date but nothing after provided she vacates by the end of that day. Is that right?

If the room is in good condition and she's entitled to the deposit back, I'll advise her as to the LBA, that's a great idea. Would you recommend taking dated photos of the room upon vacating?

Many thanks.

jjlandlord

booksurr wrote: »

Your friend has no basis on which to get back her £4000 if she leaves on 1 Oct as then end of a "fixed term" in a lodger agreement has noting at all to do with the AST equivalent. Your friend needs to give 2 months notice if she expects her deposit back or she can just walk out whenever she feels like it and take a chance on being sued by the LL

The exact wording would need to be checked, however if the lodger has an agreement for a fixed term then there is no need to serve a notice to vacate at the end of the agreement.
Indeed, that is not something specific to ASTs, but is just a consequence of a fixed term agreement.

In fact, in the case of a lodger, unless the agreement explicitly allows it the lodger has no right to stay beyond the agreed fixed term.

pmlindyloo

stsarina wrote: »

Thank you both. booksurr the landlady definitely lives in the property. My friend has exclusive use of one bedroom and shares the communal areas - lounge, kitchen and bathroom.

That's what confused me, pmlindyloo - she's living there on the basis of a lodger, but the landlady seems to be trying to treat her as a tenant. I'll confirm with her that the fixed term definitely expires on October 1st, but from what I can gather, she's liable for rent up until that date but nothing after provided she vacates by the end of that day. Is that right? often landlords get confused about the difference. From what you say she is definitely a lodger. However, because she has a written contract she has to abide by that. She can leave at the end of the fixed term because that is what it is - a fixed term

If the room is in good condition and she's entitled to the deposit back, I'll advise her as to the LBA, that's a great idea. Would you recommend taking dated photos of the room upon vacating?Always a good idea to take dated photographs. if it went to court the landlady would have to prove any damage by producing a signed(by her and your friend) inventory.

Many thanks.

Hope that helps.

Since the LL has already advertised the room then she shouldn't have too much trouble renting it out again.