Lodgers agreement help

esquisse1

I have a Fixed term lodger agreement for 2 months. The agreement term ends in less than a month. Told my landlord ill be moving out in few days, on which he said I had to give him 28 days notice before I leave.

In my lodgers agreement I do have "The Lodger agreement may be ended giving no less than 28 days written notice by the lodger after the occupancy ending date."

But its a fixed term contract... as I thought im signing for 2 months and im free to move out without the notice... As for 28 days, I thought this is in case I want to leave before the fixed date.

Can he actually make me stay/pay for extra month after the end of fixed term? 

It also doesn't make sense to me that I have to give a notice on a fixed term contract...

theartfullodger

One would have to see ALL the EXACT wording of the agreement.  


But imho if you leave at end of fixed term, unlike landlord will sue for unpaid rent.  Even if they do, probably they'll lose.  But not guaranteed.

You could 'phone Shelter, the experts, and discuss, 0808 800 4444.  Expect a wait....

esquisse1

theartfullodger said:

One would have to see ALL the EXACT wording of the agreement.  

3. Start date and duration

The occupancy agreement will start on: 01/11/2022

The occupancy agreement will end on: 31/12/2022

14. Ending the Lodger agreement

The Lodger agreement may be ended giving no less than 28 days written notice by the lodger after

the occupancy ending date.

These are the exact words, just copied from the agreement. Its a weird wording as it says no less than 28 days AFTER ending date...
He has my deposit, that's the issue.. However ive found out he gave me wrong contract, supposed to be tenancy and that's why deposit should have been protected( although I do not know if its protected or not no-one gave me that info).

theartfullodger

theartfullodger said:

One would have to see ALL the EXACT wording of the agreement.  

..

Sorry, I meant the WHOLE OF the agreement. (Please don't post it).

Did your landlord live in the same property as you for ALL the time you lived there?? If so it can't be an AST so deposit protection legislation doesn't apply.

Dunno your personal circumstances but in your shoes I'd leave, then sue for return of deposit through small claims - quite cheap, see....
https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/

- mentioning wrong tenancy agreement, confusing IMHO wording over notice etc etc etc..

But PLEASE 'phone Shelter, 0808 800 4444 and ask them the experts on all landlord/tenant matters

esquisse1

Thanks, ill call them.

And landlord never lived in the property, he even advertise it as live out landlord. I left the place already, he was ignoring my calls and emails... did let him know via email that im not going to extend my contract and will leave little earlier than my terms.

propertyrental

esquisse1 said:

theartfullodger said:

One would have to see ALL the EXACT wording of the agreement.  

3. Start date and duration

The occupancy agreement will start on: 01/11/2022

The occupancy agreement will end on: 31/12/2022

14. Ending the Lodger agreement

The Lodger agreement may be ended giving no less than 28 days written notice by the lodger after

the occupancy ending date.

Seems perfectly clear. The agreement is fixed until 31/12/22 and rent is due until that that date. On that date you can leave without notice and without further rent being due.
Thereafter, if you remain, you must serve 28 days notice.

You mention a tenancy. Is this a tenancy or a Licence (lodger agreement)? Do you have sole possession of the property? Does the LL also live there?

theartfullodger

esquisse1 said:

Thanks, ill call them.

And landlord never lived in the property, he even advertise it as live out landlord. I left the place already, he was ignoring my calls and emails... did let him know via email that im not going to extend my contract and will leave little earlier than my terms.

In that case it's an AST, deposit protection mandatory, penalty of up to 3x deposit if not done so in line with legislation.  You'll win this if handled correctly.

Best wishes, Artful, landlord since 2000

esquisse1

propertyrental said:

esquisse1 said:

theartfullodger said:

One would have to see ALL the EXACT wording of the agreement.  

3. Start date and duration

The occupancy agreement will start on: 01/11/2022

The occupancy agreement will end on: 31/12/2022

14. Ending the Lodger agreement

The Lodger agreement may be ended giving no less than 28 days written notice by the lodger after

the occupancy ending date.

Seems perfectly clear. The agreement is fixed until 31/12/22 and rent is due until that that date. On that date you can leave without notice and without further rent being due.
Thereafter, if you remain, you must serve 28 days notice.

You mention a tenancy. Is this a tenancy or a Licence (lodger agreement)? Do you have sole possession of the property? Does the LL also live there?

This is what I thought that no notice needed, although I did let ll know im not going to extend the stay about 10 days before the end of the agreement.

It is called lodgers agreement, but LL does not live in the property and never had. I only have a possession of my room, there are other people living in other rooms(non of them is a LL) an we share kitchen, bathroom etc. In my agreement it even says LL needs to give me a notice to get in my room.

propertyrental

esquisse1 said:

propertyrental said:

esquisse1 said:

theartfullodger said:

One would have to see ALL the EXACT wording of the agreement.  

3. Start date and duration

The occupancy agreement will start on: 01/11/2022

The occupancy agreement will end on: 31/12/2022

14. Ending the Lodger agreement

The Lodger agreement may be ended giving no less than 28 days written notice by the lodger after

the occupancy ending date.

Seems perfectly clear. The agreement is fixed until 31/12/22 and rent is due until that that date. On that date you can leave without notice and without further rent being due.
Thereafter, if you remain, you must serve 28 days notice.

You mention a tenancy. Is this a tenancy or a Licence (lodger agreement)? Do you have sole possession of the property? Does the LL also live there?

This is what I thought that no notice needed, although I did let ll know im not going to extend the stay about 10 days before the end of the agreement.

That is both helpful and polite of you, but does not affect the legal position which is as I outlined.

It is called lodgers agreement, but LL does not live in the property and never had. I only have a possession of my room, there are other people living in other rooms(non of them is a LL) an we share kitchen, bathroom etc. In my agreement it even says LL needs to give me a notice to get in my room.

What it is called does not affect the legal status. You are not a lodger and it is not a lodger agreement.

This is clearly an HMO (House of Multiple Occupation) and you are a tenant with an AST. You are in a strong position since I suspect the LL has broken a number of regulations. Suggesting you will go to the council might get a fast reversal of the LL's attitude.....

* depending where you are (which country, which council) the HMO should perhaps be registered with the council. Check their website

* was your deposit protected (see below)?

* were you given an EPC? A gas safety report? The required Gov leaflet? Electrical safety report (EICR)?

Post 3: Deposits: Payment, Protection and Return.

Post 4: Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

esquisse1

propertyrental said:

esquisse1 said:

This is what I thought that no notice needed, although I did let ll know im not going to extend the stay about 10 days before the end of the agreement.

That is both helpful and polite of you, but does not affect the legal position which is as I outlined.

It is called lodgers agreement, but LL does not live in the property and never had. I only have a possession of my room, there are other people living in other rooms(non of them is a LL) an we share kitchen, bathroom etc. In my agreement it even says LL needs to give me a notice to get in my room.

What it is called does not affect the legal status. You are not a lodger and it is not a lodger agreement.

This is clearly an HMO (House of Multiple Occupation) and you are a tenant with an AST. You are in a strong position since I suspect the LL has broken a number of regulations. Suggesting you will go to the council might get a fast reversal of the LL's attitude.....

* depending where you are (which country, which council) the HMO should perhaps be registered with the council. Check their website

* was your deposit protected (see below)?

* were you given an EPC? A gas safety report? The required Gov leaflet? Electrical safety report (EICR)?

Post 3: Deposits: Payment, Protection and Return.

Post 4: Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

I did not get anything from the landlord, apart from the agreement(no reports). 

Thanks a lot , he just got me confused when he said I had to give him 28 days notice as that's what is in the agreement - he said. When I requested explanation on that, he just ignores me since then. Maybe he comes back to me after holidays and ill have some knowledge to talk to him now.

Thank You.

propertyrental

Follow the link I gave you above to check if the deposit was protected, but it seems very unlikely.

If it is not, you can claim the penalty for non-protection (up to 3 times the deposit in England).