Lodger would like to move out before fixed term

brownbearl

I have signed a document titled "Tenancy Agreement", to rent an en-suite room in a 2 bedroom flat for 6 months and paid 1 months rent as a deposit which is not protected. The document also states I have access to my room and all communal areas. When I signed this the other room was empty and the landlord was looking for another tenant. They have since decided to move into that room themselves. I don't want to live with them as for various reasons I feel uncomfortable so now I want to leave early. I am happy to forgoe my deposit. The document states:
 THE GUARANTEED PERIOD 

Both the Tenant(s) and the Landlord have agreed to commit to the first 6 full calendar months from the start of the Initial Period as stated above to XXX 2021 inclusive. This is the ‘Guaranteed Period’. 

THE NOTICE PERIOD 

Notice Period after the Guaranteed Period is 6 weeks at any time by either the Tenant(s) or the Landlord. 

The 6-week period will commence from the day the notice is given, even where this exceeds the end of the Guaranteed Period. This can be reduced upon agreement of both parties in writing. 

Do you think my landlord can come after me in court for the remaining 3 months rent even if I leave them to keep my deposit? It is unlikely I will gove 6 weeks notice as I'm working on a tight deadline to get a new place before Christmas. 

Thanks in advance all.

NameUnavailable

If you have agreed to rent for a minimum of 6 months, that is what you have agreed, so yes, in theory the landlord can hold you to that. Have you asked them about terminating early?

MaryNB

You could offer to find a new lodger (subject to their approval of course). Would make it easier for them to forgo your fixed term if they were guaranteed the rent from someone else.

brownbearl

NameUnavailable said:

If you have agreed to rent for a minimum of 6 months, that is what you have agreed, so yes, in theory the landlord can hold you to that. Have you asked them about terminating early?

Not yet as they aren't very amenable. I know I am liable, I'm wondering if they can actually hold me to it in court? My understanding was that lodgers agreements aren't really enforceable the way an AST would be regardless of what was agreed but wanted to double check.

NameUnavailable

Well there's two issues there, can they legally enforce the contract (you need someone with suitable qualification to read it and advise you on that) and then even if they can, would they? All that bother and up front cost for a couple of month's rent. Hmmm

You're already happy to let the deposit go, so there's what, 2 more months worth of rent to negotiate over. Offer 1.5 months (including the deposit) and hopefully they will accept to avoid the hassle.

greatcrested

It's a legally binding contract. You agreed the terms.

Yes, the landord "can actually hold me to it in court".

Whether he chooses to do so is a different question.

Whether this is a tenancy or licence (lodger agreement) does not alter the contractual agreement.

brownbearl

NameUnavailable said:

Well there's two issues there, can they legally enforce the contract (you need someone with suitable qualification to read it and advise you on that) and then even if they can, would they? All that bother and up front cost for a couple of month's rent. Hmmm

You're already happy to let the deposit go, so there's what, 2 more months worth of rent to negotiate over. Offer 1.5 months (including the deposit) and hopefully they will accept to avoid the hassle.

I thought the same. We will see, thanks!

princeofpounds

Yes they can obtain a judgment against you in small claims court. It's a perfectly enforceable contract.

Actually enforcing it in practice may be a bit trickier, but if they have a clue about any of your bank accounts or where you work then they could apply for a freezing or garnishee order. Whether they will bother is another question. I would, but I'm like that.

Agree the best thing to do is either to arrange to market the room and leave as soon as a replacement is found on similar or better terms, and/or to agree a partial payment in full settlement. Whatever you agree, get it in writing.

brownbearl

greatcrested said:

It's a legally binding contract. You agreed the terms.

Yes, the landord "can actually hold me to it in court".

Whether he chooses to do so is a different question.

Whether this is a tenancy or licence (lodger agreement) does not alter the contractual agreement.

The research I have done suggests this is a grey area, why do you think this? If you had any reference for me explaining why you believe it is legally binding please could you share?

Voyager2002

greatcrested said:

It's a legally binding contract. You agreed the terms.

Yes, the landord "can actually hold me to it in court".

Whether he chooses to do so is a different question.

Whether this is a tenancy or licence (lodger agreement) does not alter the contractual agreement.

Not actually the case.

The law limits the T & Cs that can validly be included in a tenancy agreement and to a greater extent in a license to occupy. Landlords often put terms in agreements that are completely unenforceable: in law such terms have zero effect.

Voyager2002

I think that you should contact Shelter for authoritative advice.
So long as you are happy to lose your deposit and have not damaged the property, the landlord is unlikely to be able to take any further action, nor wish to do so.

However, if you felt able to live with a random flat-sharer then if you could feel equally comfortable with the landlord then that would save a great deal of trouble.