Lodger

angelica_sweden

elsien said:

angelica_sweden said:

Hi, I had a similar situation, but instead of writing here I wrote on my Facebook status: How to get rid of my awful subletter during Covid-19? and got crucified by FB activists. And honestly I would never do that, I know It makes me sound like a horrible human being, but you haven't met my subletter! Literally the personification of evil! I understand why people divorce during the crisis, I mean I was mostly out of the house before and never had contact with her, but I now understand why her roommate wanted a separate place... Anyway long story short, after I apologized to all Facebook, I tried calling the police, but they told me it was not a real emergency, to contact my landlord. My landlord told me it was my problem, not to be late with the rent, I tried legal help. Lawyers were to expensive, eviction helpers as well, I mean I needed someone just to get it done, but not overprice me... So I went with a sublet recovery company that specializes in subletting, you can check them out I will send you the website, they are very fast, and it will be worth it. Everything got resolved in 2 weeks. I was hesitant whether to comment on your post, I'm a bit socially damaged after the Facebook witch-hunt, but I felt this might help, it did for me.

Subletting is completely different to having a lodger.
You don't need any specialist companies or website by people spamming the board touting for business. 

I really don't understand the difference, I'm not a legal or property expert mate. Anyway, was just trying to help. Cheers

[Deleted User]

You need to be more assertive. Months notice in writing. Polite but firm. No reason required.

zagubov

Not much help on this occasion, but for future reference, next time please get everything in writing using a document (that doesn't use the term tenant at any point), covering: deposit/notice/ cleaning/ guests/ access to rooms/ rent punctuality/smoking/noise. A week is regarded as reasonable notice.

greatcrested

quinn987 said:

greatcrested said:

quinn987 said:

MovingForwards said:

She's a lodger, very limited rights.
What notice period is in your agreement?

The notice period is 1 month in the original agreement. But we didn't have any written agreement after the original one ended in Feb. It was just a verbal agreement that she would move out in June. 

Well arguably you agreed contractually to a fixed term till June. Or was the agreement that she could leave at any time up till June, perhaps subject to her giving you notice? As I was not present at the conversation, it's hard to be sure.

Of course, oral contracts can be disputed and memories can be unreliable!

Perhaps safer to assume the original 1 month notice applies (hough why you specfied such a long period is a mystery!).

And isn't 1 month required? I thought it is the minimum notice period applicable to every lodgers and tenants ie. you can set a longer than 1 month notice but it has to be at least 1 month?

Do not confuse lodgers with tenants. Tenants are protected by statutes (Acts of Parliament eg the Housing Act). As well as bound by their contracts and Common Law provided these do not conflict with Statute which always takes precedence.

Lodgers are bound only by their contracts, and Common Law (court decisions over the centuries).

Elsien: With lodgers it's reasonable notice. No specific time period. So if they pay weekly, a weeks notice could be reasonable.

This is true according to Common Law, and hence only applies if there is no contractual agreement. But where the contract specifies, say, 13 days notice, or 1 days notice, then 13 days or 1 day is the notice period required!

greatcrested

zagubov said:

Not much help on this occasion, but for future reference, next time please get everything in writing using a document (that doesn't use the term tenant at any point), covering: deposit/notice/ cleaning/ guests/ access to rooms/ rent punctuality/smoking/noise. A week is regarded as reasonable notice.

I agree far safer to have everything in writing. Also agree never use the terms 'tenant' or 'tenancy' as this could inadvertantly create a tenancy and grant the occupant considerable extra rights.

A week is generally regarded as reasonable notice under Common Law (which only applies in the absence of a contractual notice period) where rent is paid weekly, and where there are no other relevant circumstances. Where rent is paid 4 weekly, or monthly, the Common Law would generally regard reasonable notice as 4 weeks or a month.

FreeBear

greatcrested said: Lodgers are bound only by their contracts, and Common Law (court decisions over the centuries).

Elsien: With lodgers it's reasonable notice. No specific time period. So if they pay weekly, a weeks notice could be reasonable.

This is true according to Common Law, and hence only applies if there is no contractual agreement. But where the contract specifies, say, 13 days notice, or 1 days notice, then 13 days or 1 day is the notice period required!

The contract I use with my lodger(s) specifies a one month notice period, but also includes clauses for immediate termination without notice under certain circumstances. Well worth having those extra clauses for when that perfect lodger turns in to the lodger from hell...