Wanting to leave lodger agreement

LeginWales

Hello,

I live as a lodger in a different city for part of the week for work purposes. I would like to move out asap. I’ve checked through the lodger agreement and one section says I can give four weeks notice from 1 June and another says I can terminate the agreement “at any time” with four weeks notice.

When I asked to leave and gave her one months notice she came back to me and said she will only let me leave in a month if she can fill the room. When I mentioned the conflicting terms in contract she accused me of trying to find a loophole and that the first clause supersedes the second clause. Someone else I spoke to said when there is ambiguity in a contract the one who drafted the contract is deemed at fault and thus I can leave with the month notice. 

What happens in this kind of situation? The landlord has a £1000 deposit I would like to get back.

Any insight would be greatly appreciated. 

Thank you.

GrumpyDil

You're not in a great position as she has 1000 deposit. It's not a requirement for a lodger agreement but has she by any chance protected it?

That said, you are correct that where there are conflicting clauses in an agreement the most favourable to the party who did not write the agreement is applied. But, if you give notice and move out and she fails to return the deposit you will have to sue her for it's return unless it has been protected. 

Of course if it is a true lodger agreement and she lives in the property with you, you could find a liking for loud, heavy music. 

elsien

Why on earth did you give £1000 deposit as a lodger?

LeginWales

Thanks both for the replies. The deposit is one months rent. It’s not in any protection scheme, just a bank transfer. As I understood it, lodgers don’t have the same rights to deposit protection as tenants.

Haha, like those suggestions GrumpyDil! I might be biased but I think I’ve been a model lodger, I leave things very clean and tidy and never bring guests around. I’m only there half the week as well. I’m upset she’s chosen to be difficult. It’s really soured things and made living together very awkward.

Kim_13

Is leaving in 4 weeks time rather than at the end of June worth £1,000 to you, or at least the hassle of trying to recover that £1,000 assuming that she would return the £1,000 without issue if you now said “I don’t wish to find a loophole but I am giving you notice now that I will be leaving on 29 June, to give you longer to find someone to take over the room” (i.e. 4 weeks from 1 June - not that you can be certain what she’ll do now.) Part of me wonders if actually she doesn’t have £1,000 straight away and the earlier of a new lodger or the June date gives her the means to get it.

If you now don’t need the room because you’re working in a different location, or have found somewhere closer to work or noticeably cheaper, then I’d say hold her to the 4 weeks because you’ll still be better off taking into account the need to battle for the return of your money. Take photos when you leave - possible she’ll start inventing damages if relations have soured.

LeginWales

Kim_13 said:

Is leaving in 4 weeks time rather than at the end of June worth £1,000 to you, or at least the hassle of trying to recover that £1,000 assuming that she would return the £1,000 without issue if you now said “I don’t wish to find a loophole but I am giving you notice now that I will be leaving on 29 June, to give you longer to find someone to take over the room” (i.e. 4 weeks from 1 June - not that you can be certain what she’ll do now.) Part of me wonders if actually she doesn’t have £1,000 straight away and the earlier of a new lodger or the June date gives her the means to get it.

If you now don’t need the room because you’re working in a different location, or have found somewhere closer to work or noticeably cheaper, then I’d say hold her to the 4 weeks because you’ll still be better off taking into account the need to battle for the return of your money. Take photos when you leave - possible she’ll start inventing damages if relations have soured.

Thank you for the reply. The situation that requires me to move out asap is a bit complicated and unexpected hence I paid my rent right on time just five days ago. To be honest, at this point she has soured the relationship so much I no longer want to live here at all. I’ll see out the four weeks and if she doesn’t give me the deposit back I am prepared to go to the small claims court. I will definitely be taking pictures of the room and documenting things.

Kim_13

LeginWales said:

Kim_13 said:

Is leaving in 4 weeks time rather than at the end of June worth £1,000 to you, or at least the hassle of trying to recover that £1,000 assuming that she would return the £1,000 without issue if you now said “I don’t wish to find a loophole but I am giving you notice now that I will be leaving on 29 June, to give you longer to find someone to take over the room” (i.e. 4 weeks from 1 June - not that you can be certain what she’ll do now.) Part of me wonders if actually she doesn’t have £1,000 straight away and the earlier of a new lodger or the June date gives her the means to get it.

If you now don’t need the room because you’re working in a different location, or have found somewhere closer to work or noticeably cheaper, then I’d say hold her to the 4 weeks because you’ll still be better off taking into account the need to battle for the return of your money. Take photos when you leave - possible she’ll start inventing damages if relations have soured.

Thank you for the reply. The situation that requires me to move out asap is a bit complicated and unexpected hence I paid my rent right on time just five days ago. To be honest, at this point she has soured the relationship so much I no longer want to live here at all. I’ll see out the four weeks and if she doesn’t give me the deposit back I am prepared to go to the small claims court. I will definitely be taking pictures of the room and documenting things.

Ensure that the 4 weeks notice is given unequivocally in writing therefore - to stop her suing you for rent until June. Otherwise she may claim that you discussed the possibility of leaving but never actually served notice. If you can find a Citizens’ Advice resource or similar outlining the legal position - 4 weeks notice supersedes the June term, since it is the most favourable to the party that didn’t draft the contract - all the better. Do double check there isn’t another term that says that term 1 (June) applies until you have been living there for a certain period - effectively a minimum term - and term 2 (4 weeks notice at any time) after that as that would remove the ambiguity.

theartfullodger

You are perfectly entitled to move out right now.  But remain liable for the rent for the 4 weeks 

Did you not read the contract?  

LeginWales

Kim_13 said:

LeginWales said:

Kim_13 said:

Is leaving in 4 weeks time rather than at the end of June worth £1,000 to you, or at least the hassle of trying to recover that £1,000 assuming that she would return the £1,000 without issue if you now said “I don’t wish to find a loophole but I am giving you notice now that I will be leaving on 29 June, to give you longer to find someone to take over the room” (i.e. 4 weeks from 1 June - not that you can be certain what she’ll do now.) Part of me wonders if actually she doesn’t have £1,000 straight away and the earlier of a new lodger or the June date gives her the means to get it.

If you now don’t need the room because you’re working in a different location, or have found somewhere closer to work or noticeably cheaper, then I’d say hold her to the 4 weeks because you’ll still be better off taking into account the need to battle for the return of your money. Take photos when you leave - possible she’ll start inventing damages if relations have soured.

Thank you for the reply. The situation that requires me to move out asap is a bit complicated and unexpected hence I paid my rent right on time just five days ago. To be honest, at this point she has soured the relationship so much I no longer want to live here at all. I’ll see out the four weeks and if she doesn’t give me the deposit back I am prepared to go to the small claims court. I will definitely be taking pictures of the room and documenting things.

Ensure that the 4 weeks notice is given unequivocally in writing therefore - to stop her suing you for rent until June. Otherwise she may claim that you discussed the possibility of leaving but never actually served notice. If you can find a Citizens’ Advice resource or similar outlining the legal position - 4 weeks notice supersedes the June term, since it is the most favourable to the party that didn’t draft the contract - all the better. Do double check there isn’t another term that says that term 1 (June) applies until you have been living there for a certain period - effectively a minimum term - and term 2 (4 weeks notice at any time) after that as that would remove the ambiguity.

Thank you for the advice. The exchanges took place over WhatsApp so it is already in writing. There is definitely no other term in the contract but she is very adamant I can’t leave and is claiming the first clause (1 June) supersedes the “at any time” clause. She’s accused me of trying to find a loophole. She’s a lawyer herself and I think is annoyed that I’ve pointed out the ambiguity. Thanks again.

LeginWales

theartfullodger said:

You are perfectly entitled to move out right now.  But remain liable for the rent for the 4 weeks 

Did you not read the contract?  

I’ve paid the rent for this month. I’m worried by that fact she is holding my £1000 deposit.

Vectis

£1000 per month as a lodger? Is that the going rate these days?