Lodger agreement - Tenant Issues

jjlandlord

BitterAndTwisted wrote: »

When someone lives in another's home, they are a lodger.

A lodger can be a tenant or a licensee.

BitterAndTwisted wrote: »

No need for a fixed-term agreement and no need for any notice bar what is reasonable, depending on the circumstances.

This obviously depends on what both parties want.

G_M wrote: »

If the fixed term ends on 31st Jan, then the contract ends on.... 31st Jan.

Why?

G_M wrote: »

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.they can try.

Hmm, it's not that clear to me reading the clause quoted by OP.

mondaylight21014

Hi,


I do not call my landlord is stupid. I paid him 3 months in advance nearly 2.2 K due to not having a deposit.


so, from all above, it seems I need to agree something with him. Just walking away does not seem to be logical although it might be legally acceptable. am I right ? So I assume he might still argue that notice is common sense anyway even it is not written on the document clearly for the fixed term but for the period after the fixed term.


Best regards

kinger101

mondaylight21014 wrote: »

Hi,


I do not call my landlord is stupid. I paid him 3 months in advance nearly 2.2 K due to not having a deposit.


so, from all above, it seems I need to agree something with him. Just walking away does not seem to be logical although it might be legally acceptable. am I right ? So I assume he might still argue that notice is common sense anyway even it is not written on the document clearly for the fixed term but for the period after the fixed term.


Best regards

In contract law, the literal interpretation of the written word is much more important than common sense. The intentions of the parties matters less. Indeed, if your landlord is not stupid, he must have meant what he put in the contract, and not something else.

booksurr

mondaylight21014 wrote: »

"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"

both the literal wording and the intended meaning of this very obviously DIY contract appears to be:
a) neither party can evict/leave until 31 January when the fixed term ends. No notice is required on 31 Jan since nothing is stated in the contract regarding that date

b) AFTER 31 Jan both parties enter a further period which ends on 30 April. During the period either party may terminate the agreement by giving 1 month's notice

c) after 31 March continuance would (presumably) be subject to the terms of a new agreement (rent increased ? etc etc)


so AT 31 Jan you can leave without having to give notice......

jjlandlord

What would you have done if you intended to stay but your landlord had changed the locks on you on the 1st February?

Overall, the likely aim is that notice is required but that you are bound for at least 3 months. However, it is very poorly written so all bets are off.

If you knew you wanted to leave it would have been better to let your landlord know and to give notice because now you are likely in for an argument.