Lodger moved out early. Wants rebate.

rugbychick81

Hi.

On 12th October, I gave my lodger her notice of one month. She moved out on 24th and has not yet returned her key. I have arranged for her full deposit to go back to her on 1st but she is also asking for a rebate of the last week's rent.

The written agreement says payment is due for full notice period but I just want to check that I'm not being unreasonable. I've written off the November rent as goodwill.

Thanks

kiddakidda

The notice period is 1 month. Not 3 weeks or whatever your tenant chooses. The fact he/she has moved out earlier is his/her choice and does not entitle the tenant to a rebate.

Even if you were to agree to refund a weeks rent which is totally your choice, the key hasn't been returned.

You've done more than enough

nobodysdriving

being a tenant (for not much longer) myself, I agree with kiddakidda, one months notice is required, as such no, the lodger is not required to have a 'rebate', and with the non return of the key a charge should be imposed to replace the locks.

moneyistooshorttomention

I had years of having to take in lodgers way back.

If they gave me notice, then I expected rental payment right up to the last day concerned.

If I gave them notice then I wouldn't expect them to pay after they had moved out.

I would expect the key back for "unused" part of notice period before they had a rebate for it though. So, with her having had the key for that last week, then I would tend towards thinking that she had had the use of the room during that week (ie use of key = use of room) even if she and her possessions hadn't been there.

rugbychick81

Thank you. I just wanted to check I was being fair.

TBagpuss

I agree with PPs. And in your position, I would be making clear to her that you have already given her a rebate of 12 days rent as you are not charging her for the rent due for November, and that if the key is not returned then you will be taking the cost of replacing the [barrels of] the locks out of her deposit.

G_M

kiddakidda wrote: »

The notice period is 1 month. Not 3 weeks:)

Rubbish. This is a lodger, not a tenant

I agree with kiddakidda, one months notice is required,

as above - rubbish

There is no legal definition of notice period for a lodger. It is whatever was agreed. Personally I would specify a weeks notice for lodgers.

However if your contract with the lodger says a month then it is a month.

Having said that, I think you are being petty. You want the lodger out. The lodger has found somewhere to go, and is leaving as requested.

I would not charge for the period between lodger leaving and the month notice ending. Note: date lodger leaves is when key is returned though, as well as all possessions removed.

But if you wish to stick to the letter of the law - you can.

thesaint

rugbychick81 wrote: »

The written agreement says payment is due for full notice period but I just want to check that I'm not being unreasonable. I've written off the November rent as goodwill.

Thanks

When did the tenant move in?
When was the notice effective from?

varghesejim

rugbychick81 wrote: »

Hi.

On 12th October, I gave my lodger her notice of one month. She moved out on 24th and has not yet returned her key. I have arranged for her full deposit to go back to her on 1st but she is also asking for a rebate of the last week's rent.

The written agreement says payment is due for full notice period but I just want to check that I'm not being unreasonable. I've written off the November rent as goodwill.

Thanks

I think one month notice is very unreasonable. I used to stay as a lodger many years back and in all places I stayed it was 1 week notice. Also, many landlords won't wait for you for a month, they want you to start paying rent in a week or they will give the room to someone else.

Since you are the one who gave her/him the notice I think you could have given her rebate from the day she left. You may be legally right, but morally not IMO.

I don't know your/your lodgers financial circumstances, but when I was a lodger I was really struggling (many are lodgers because of lack of money, I suppose). Paying double rent in the circumstances is not a good feeling.

kiddakidda

varghesejim wrote: »

I think one month notice is very unreasonable. I used to stay as a lodger many years back and in all places I stayed it was 1 week notice. Also, many landlords won't wait for you for a month, they want you to start paying rent in a week or they will give the room to someone else.

Since you are the one who gave her/him the notice I think you could have given her rebate from the day she left. You may be legally right, but morally not IMO.

I don't know your/your lodgers financial circumstances, but when I was a lodger I was really struggling (many are lodgers because of lack of money, I suppose). Paying double rent in the circumstances is not a good feeling.

Unreasonable or not, the agreement was made when the lodger moved in and the agreement was 1 months notice to vacate.

Turn it around the other way,

Landlord wants lodger out within a week after agreement was made for a months notice.

Still unreasonable?

suicidebob

kiddakidda wrote: »

Unreasonable or not, the agreement was made when the lodger moved in and the agreement was 1 months notice to vacate.

Turn it around the other way,

Landlord wants lodger out within a week after agreement was made for a months notice.

Still unreasonable?

You're asking a completely different question, and that question relates to a completely different set of circumstances.
Your analogy is pointless and illogical.