Lodger agreement - Tenant Issues

mondaylight21014

Hi,


I am a lodger, and I want to leave. We had 3 months fixed term which is ending at the end of this month. Our contract clearly says that I have to stay 3 months, and 1 month notice after that. the exact wording is :


"The lodger is going to pay 3 months of rent before 31st of October 2014. The next payment is going to be paid on or before 31st of January and on the same date of each month thereafter.


There is a 3 months fixed term from 31st of October 2014 to 31st of January 2015. After the fixed term, both tenant and landlord are required to give 1 month notice.


Contract end date is 30th of April"


Basically early this week my landlord told me that they have a plan to extend the house so may ask me to leave in case they get the permission before the contract end date. Then I gave my notice and I want to leave as I do not want construction in my room so better to leave. I am not expecting to pay anything after 31st of January based on the above wording but landlord told me that I have 1 month notice and no construction work is going to happen within that 1 month. Our contract does not explicitly say that there is 1 month notice within 3 months fixed term. Fixed term is ending at the end of this month. Do I need to pay 1 month notice ?


thanks

bbk87

mondaylight21014 wrote: »

Hi,


I am a lodger, and I want to leave. We had 3 months fixed term which is ending at the end of this month. Our contract clearly says that I have to stay 3 months, and 1 month notice after that. the exact wording is :


"The lodger is going to pay 3 months of rent before 31st of October 2014. The next payment is going to be paid on or before 31st of January and on the same date of each month thereafter.


There is a 3 months fixed term from 31st of October 2014 to 31st of January 2015. After the fixed term, both tenant and landlord are required to give 1 month notice.


Contract end date is 30th of April"


Basically early this week my landlord told me that they have a plan to extend the house so may ask me to leave in case they get the permission before the contract end date. Then I gave my notice and I want to leave as I do not want construction in my room so better to leave. I am not expecting to pay anything after 31st of January based on the above wording but landlord told me that I have 1 month notice and no construction work is going to happen within that 1 month. Our contract does not explicitly say that there is 1 month notice within 3 months fixed term. Fixed term is ending at the end of this month. Do I need to pay 1 month notice ?


thanks

Doesn't make a lot of sense. It says it's a 3 month fixed term, but the contract end date is April?

sugahay1

With most contracts you can hand in your one months notice on the last month of your contract so if your contract ends on the 31st January, you can hand your notice in from the 31st December. If you are paid up to the end of January, but your notice doesn't run out until mid February, you will have to pay for the extra time you are there. Hope this helps

kinger101

The wording is very poor, as in my opinion, the requirement to give one month notice does not start until the 1 of February. But if I were you, I'd take time over finding somewhere else to live. You'll also need a good reference from your LL.

I'm quite surprised they're not willing to show some flexibility given they've brought this situation on. Then again, they are odd fellows indeed for giving a 3 month fixed term to a lodger (and monthly notice thereafter).

mondaylight21014

Yes, 3 months fixed term, but contract ends at the end of 6 month which is end of April.


I already paid until end of January (end of fixed 3 months), and today is 18th.


They also did not want a deposit, so no deposit.


So, I am confused with the answers, Should I give one month notice? Contract does not mention about a notice period during the fixed term, says 1 month after the fixed term. Can I just leave by end of this month and ignore the notice as it does not mention during the fixed term ?


Does contract end date any meaning knowing that both party can exit with 1 month notice ?

G_M

mondaylight21014 wrote: »

Hi,
I am a lodger, so few statutory rights and I want to leave. We had 3 months fixed term which is ending at the end of this month. Our contract clearly says that I have to stay 3 months, and 1 month notice after that. the exact wording is :

"The lodger is going to pay 3 months of rent before 31st of October 2014. The next payment is going to be paid on or before 31st of January and on the same date of each month thereafter.

There is a 3 months fixed term from 31st of October 2014 to 31st of January 2015.
So you can leave on 31st Jan when your fixed term contract ends. No notice is needed, as that is the end date of the contract

After the fixed term, both tenant and landlord are required to give 1 month notice.
Irrelevant to you as you will be gone.
Contract end date is 30th of April"
Contradictory and therefor meaningless. (I suspect it is a cofused attempt to put in place a 2nd 3 month fixed term from 1st Feb to 30th April, but then the '1 month notice' clause becomes contradictory.

Does not matter as you are leaving at end of Jan.
* the 1 month notice does not apply till after that
* the 2nd 3 month fixed term to April does not apply as you will not start the 2nd fixed term (if that is what it is)


Basically early this week my landlord told me that they have a plan to extend the house so may ask me to leave in case they get the permission before the contract end date.
Contractually they can't evict you till 31st Jan
Then I gave my notice and I want to leave as I do not want construction in my room so better to leave. I am not expecting to pay anything after 31st of January based on the above wording but landlord told me that I have 1 month notice and no construction work is going to happen within that 1 month. Our contract does not explicitly say that there is 1 month notice within 3 months fixed term. Fixed term is ending at the end of this month. Do I need to pay 1 month notice ?
No

1) Give as much notice as you can to be helpful/polite.
2) Do not pay anything after 31st Jan (asuming you leave!)
[STRIKE]3) Anticipate an arguement over the return of your deposit (if you paid one) as I suspect your Landlord think you should give a month's notice
4) I assume your deposit (if you paid one) is not registered in a scheme( you're a lodger) so you'll have to either persuae your LL to return it, or take him to court[/STRIKE]

edit - just seen your post above so removed references to deposit.

mondaylight21014

Hi,


There is no second or third fixed term.


There is a fixed term 1 Oct 2014 - 31 Jan 2015, and contract dates are 1 Oct 2014, and 30 April 2015. First 3 months are paid in advance with no deposit. Contract is for 6 months.


Does not mentioning a notice period give me a right to stop just 12 days before the end of fixed term ? or does it mean that I cannot give a notice ?


thanks

mondaylight21014

I believe fixed term is like a break clause ?

G_M

mondaylight21014 wrote: »

Hi,


There is no second or third fixed term.


There is a fixed term 1 Oct 2014 - 31 Jan 2015, and contract dates are 1 Oct 2014, and 30 April 2015.
Fixed term and contract dates are the same thing.

That is why the agreement is so badly written. If the fixed term ends on 31st Jan, then the contract ends on.... 31st Jan.

Subsequent reference to April 30th is contradictory and meaningless (as already explained above) and should be ignored.

First 3 months are paid in advance with no deposit. Contract is for 6 months.


Does not mentioning a notice period give me a right to stop just 12 days before the end of fixed term ? or does it mean that I cannot give a notice ?
No idea what you mean by 'right to stop just 12 days before...' You must pay till 31st Jan. Then you can end the agreement by walking away. No notice is required, though as already explained it is polite, sensible, helpful to give as much warning as possible.


thanks

Cannot mak it any clearer than that.

BitterAndTwisted

Your landlord has made a simple situation more complicated by trying to be clever. They appear to have adapted a tenancy agreement into a lodger's one. "Fixed-term" under such circs is a nonsense.

When someone lives in another's home, they are a lodger. No need for a fixed-term agreement and no need for any notice bar what is reasonable, depending on the circumstances. If a lodger turns out to be difficult to live with, a weirdo, or abusive then no live-in landlord would want to have to endure such a person in their home seeing out a full one-month's notice.

Make plans to rent somewhere else and leave on the 31st of this month if you've made other arrangements by then. Sod their precious one month's notice! What are they going to do, take you to court for breach of contract? I think not.

G_M

BitterAndTwisted wrote: »

Your landlord has made a simple situation more complicated by trying to be clever.
Agreed
They appear to have adapted a tenancy agreement into a lodger's one.
Agreed
"Fixed-term" under such circs is a nonsense.
Not agreed. It is a contract and can be drafted however the 2 parties wish. If they each want a 'fixed term', the that can be what the contract states. And it is contractually enforceable

When someone lives in another's home, they are a lodger. Agreed No need for a fixed-term agreement No need, but can be used if wished (indeed the same is true for a tenancy)
and no need for any notice bar what is reasonable or what has been contractually agreed, depending on the circumstances. If a lodger turns out to be difficult to live with, a weirdo, or abusive then no live-in landlord would want to have to endure such a person in their home seeing out a full one-month's notice.
hence advisable not to have a fixed term, or long notice period - but I repeat, if the contract specifies a fixed term, the that's what the contract is.

Make plans to rent somewhere else and leave on the 31st of this month if you've made other arrangements by then. Sod their precious one month's notice!
Agreed, since it is not required at the end of the 3 month fixed term (Jan 31st), only if the lodger stays beyond that date.
What are they going to do, take you to court for breach of contract? I think not.

Agreed they will not take you to court.
And if they did they'd lose.
And since there's no deposit (stupid landlord!), court is the only thing they can try.