lodger's right to leave at the end of fixed term.

cybervic

My Spanish colleague is on an exchange program and has rented a room from agent. He lives together with his landlord (who is the property owner), landlord usually works away during weekdays and only returns home weekends. He has a 3 month fixed term agreement due to end on 28/Jan.

Today he realised the agreement has a clause says:

"The licensee should notify his landlord or representative 6 weeks before the expiry of the fixed term of the agreement should the licensee wish to extend or terminate their stay under this licence agreement."

He thought (and I thought too) that a fixed term agreement means he can leave at the end of fixed term without giving notice. Is this not the case?

G_M

At the end of the fixed term, his licence to occupy will end. As you rightly say, that is the meaning of a specified end date.

However, the clause does give him a contractual obligation to give notice. If he were to breach that clause by leaving without giving the required notice, his landlord could claim any consequential losses (ultimately via the courts if necessary). Note the word 'consequential'.

The LL would have to show, beyond reasonable doubt, what those losses were, and that they were a direct result of the breach.

That is hard to do. If the LL could prove that he was unable to re-let the room following the lodger's departure for, say, 3 weeks, and that he would have been able to let the room if he had received the required notice, then compensation for those 3 weeks rent could be claimed.


Additionally of course, it is both polite, and helpful, to give the LL notice of your intentions.

cybervic

Thanks that makes it clear.
Does it make any difference if this is a tenant situation not a lodger? (i.e., tenants has right to leave on fixed term without notice, lodger doesn't?)

His's deposit has been put into a protection scheme can he try to argue he's a tenant rather than lodger therefore he can leave when fixed term ends.

The clause itself also says if he wishes to extend his stay, then 6 weeks notice is also required. Is that not a contradiction?

He rarely sees landlord, there is another lodger in the house and they deal with agent so he's a bit worry agent will take the rent money from deposit.

G_M

cybervic wrote: »

Thanks that makes it clear.
Does it make any difference if this is a tenant situation not a lodger?
yes. A huge difference, both to the the tenant's rights, and the landlord's obligations.

(i.e., tenants has right to leave on fixed term without notice, lodger doesn't?)
My explanation above regarding notice applies to both.

His's deposit has been put into a protection scheme can he try to argue he's a tenant rather than lodger therefore he can leave when fixed term ends.
A landlord must place a tenant's deposit in a protection scheme.
A landlord can place a [STRIKE]tenant's[/STRIKE]oops! "lodger's" deposit in a protection scheme.

A tenant or lodger can always argue whatever he wants. Ultimately it's for judges to decide.
But whichever he is, my explanation above applies.

The clause itself also says if he wishes to extend his stay, then 6 weeks notice is also required. Is that not a contradiction?
It is pretty meaningless legally since, as I explained above, a breach can only result in a claim for consequential losses. In this scenario what loss can the LL suffer if the tenant asks to extend the contract within the 6 week period?

He rarely sees landlord, there is another lodger in the house and they deal with agent so he's a bit worry agent will take the rent money from deposit.

Well if the deposit is protected he can raise a dispute with the deposit scheme.

* New landlords: advice, information & links

* Lodgers: advice & links for landlords & lodgers

pinkshoes

cybervic wrote: »

"The licensee should notify his landlord or representative 6 weeks before the expiry of the fixed term of the agreement should the licensee wish to extend or terminate their stay under this licence agreement."

Surely This would count as an unfair term as if the LL has not asked him 6 weeks before the expiry date what his intentions are then he will breach the contract whether he stays or leaves?

Just speak to the LL.