Advice for subletting notice period

theartfullodger

cooltt said:

OK let me make this clear because i'm confused. The couple who are renting the apartment are not the owners or landlord. The landlord does not live at the property.

He was just asking does he have to give 30 days notice eventhough there is NO tenancy agreemnt or protected deposit?

Understand his landlord (the couple) do not own the place: Couple are tenant of their landlord, presumably owner.  There are two landlords here, the couple (of your mate) and the landlord of the couple (presumably the owner).  This is entirely legal & no uncommon.

In the absence of any written agreement (**) , proving 30 days is fair or not is a challenge .  In his shoes I'd give such notice as suits him then if his deposit is not returned in full promptly start small-claims for it. 

A lodger;s deposit does not require protection.

** Agreement: There is an agreement, but it's only verbal (entirely legal.. even a tenancy in England of less than 3 years doesn't have to be written).  The issue is proving all the terms.  Some terms are easy (addresses, names, rent amount etc etc..).  Proving unwritten terms (eg notice, where he parks, what time he must be in by, visitors,,,) is difficult.

SpiderLegs

Comms69 said:

3 replies, all saying the same thing, with no controversy - this is what this forum should be like!  

Well just for balance I think the lodger should get an occupancy order quick smart. He clearly has the right as he probably gets his mail sent there or something like that. Then he can get the couple to move out, but they will still have to pay his rent and arrange for regular back massages because that’s what I’ve heard happens from someone I know and what I read on a website somewhere about some rules and stuff.

Comms69

SpiderLegs said:

Comms69 said:

3 replies, all saying the same thing, with no controversy - this is what this forum should be like!  

Well just for balance I think the lodger should get an occupancy order quick smart. He clearly has the right as he probably gets his mail sent there or something like that. Then he can get the couple to move out, but they will still have to pay his rent and arrange for regular back massages because that’s what I’ve heard happens from someone I know and what I read on a website somewhere about some rules and stuff.

Indeed @Angela_D_3 - your expert opinion is welcome on this topic...

getmore4less

Why do they want/need 30 days?

If it is to give them time to get a new lodger then they can start that process and  guess an available date 

Even if going for exchange completion on the same day there will be some advanced warning 

A bit of  communication is needed on how flexible they want the end date to be depending what their plans are for the room.
would they accept 30 days now and agree to extending a bit if needed?

cooltt

SpiderLegs said:

Comms69 said:

3 replies, all saying the same thing, with no controversy - this is what this forum should be like!  

Well just for balance I think the lodger should get an occupancy order quick smart. He clearly has the right as he probably gets his mail sent there or something like that. Then he can get the couple to move out, but they will still have to pay his rent and arrange for regular back massages because that’s what I’ve heard happens from someone I know and what I read on a website somewhere about some rules and stuff.

lol don't be mean

cooltt

getmore4less said:

Why do they want/need 30 days?

If it is to give them time to get a new lodger then they can start that process and  guess an available date 

Even if going for exchange completion on the same day there will be some advanced warning 

A bit of  communication is needed on how flexible they want the end date to be depending what their plans are for the room.
would they accept 30 days now and agree to extending a bit if needed?

I spoke to him and he just thought he could give them 2 weeks notice or something, i think they want enough time to find someone else, which i guess is fair enough. I suppose this is the issue with not having a date for exchange yet.