Leaving lodging contract

deannalouise95

I am a lodger in a shared house of 6 lodgers in a self-contained annex and am trying to leave due to a change of job meaning I need to move location. My landlord has been nothing but awful and is now saying that I need to pay two months’ rent at least so they have time to find someone else. I have signed a 6 month lodger contract but there is a vague cause about either party giving only 4 weeks’ notice. I am worried that if I leave at 4 weeks they will take my unprotected deposit to pay for the other 4 weeks rent they wanted.

Contract Leaving Clauses in question
The occupancy agreement will start on 28/09/2019
The occupancy agreement will end on 28/03/2020
Ending the Lodger agreement:
“The Lodger agreement may be ended by either party giving no less than a month written notice”

The facts about the house
• I live in a self-contained 2 floor annex, attached to a larger building which is a B&B which the landlords run within their part of the house on the other side of the building to the annex.
• The annex has its own front door, a shared living room, bathroom and kitchen for the tenants which the landlords are completely separate from but have free access too.
• I live with 5 other lodgers who each have their own rooms with no locks on the door and are unrelated
• There is an adjoining door with no lock on our side, between the B&B they own and our annex, which they freely come in and out of to give us our mail
• My private bedroom (it has no lock on it) has an en-suite so I do not share a bathroom with the others
• I paid 1 months deposit which they have kept in their private bank account and not protected
• I have signed a 2 page “lodger agreement” contract (referring to me as a lodger in the wording) with a start and end date but there is a clause about giving 4 weeks notice

My questions
1. Can I leave in 4 weeks relying on the clause (although vague)? Taking into account that the contract has an end date which is 4 months away?
2. Would you say I am a Lodger or a Tenant as I am confused because as a lodger I can leave within 24 hours if I need to but the contract states 4 weeks?
3. Is the annex situation I describe above a HMO and thus they should have a license and altered the accommodation as per HMO rules?
3.1. If so, how do I check they have one
4. Do you have any advice on how to handle this situation?

G_M

deannalouise95 wrote: »

My questions
1. Can I leave in 4 weeks relying on the clause (although vague)? Taking into account that the contract has an end date which is 4 months away? Yes. The clause is clear. Any ambiguity (eg the start/end dates) in a contract are interpretted to the advantage of the party who did not draw up the contract.
2. Would you say I am a Lodger or a Tenant as I am confused because as a lodger I can leave within 24 hours if I need to but the contract states 4 weeks? Where did you get this idea? You signed a contract and are bound by it irrespective of whether you are a tenant or lodger
3. Is the annex situation I describe above a HMO and thus they should have a license and altered the accommodation as per HMO rules? Probably yes.
3.1. If so, how do I check they have one The council website
4. Do you have any advice on how to handle this situation?

Serve 4 weeks notice in writing referring to the clause in the contract.

theartfullodger

You are a tenant. A common law tenant not AST. But most landlords, agents, tenants, solicitors won't understand. You are not a lodger.

Yes, just give at least 4 weeks notice. In writing, keep copy.

sevenhills

deannalouise95 wrote: »

3. Is the annex situation I describe above a HMO and thus they should have a license and altered the accommodation as per HMO rules?
3.1. If so, how do I check they have one
4. Do you have any advice on how to handle this situation?

Give as much notice as you can, ask for your deposit back and if they dont comply, make the council aware of the fact that they dont have the correct licence, if that is what you find.