Wanting to leave lodger agreement

gwynlas

Well I hope that she is declaring this extra income as the rent a room scheme is cappd at £7500. It would not look very good  for a lawyer to be defrauding HMRC or failing to protect a deposit.

FreeBear

gwynlas said:  It would not look very good  for a lawyer to be ... failing to protect a deposit.

There is no legal requirement to place a deposit in one of the deposit Protection schemes if one is a live-in landlord. Indeed, to do so, could possibly be seen as granting the lodger a tenancy rather than just a licence to occupy.

GDB2222

gwynlas said:

Well I hope that she is declaring this extra income as the rent a room scheme is cappd at £7500. It would not look very good  for a lawyer to be defrauding HMRC or failing to protect a deposit.

I also hope that the lawyer is scrupulously correct in everything she does. But, what has her tax got to do with the OP? 

theartfullodger

LeginWales said:

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.

If she doesn't repay deposit then sue her, small claims.  Simple, cheap  Good guidance on CaB website 

saajan_12

LeginWales said:

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.

What exactly are the 2 sections - often one will refer to an initial fixed term and another will be about the rolling agreement that follows. So could be 'any time' during the rolling period, as opposed to on the anniversary of each rental period. Was there anything saying a minimum term? Can't advise for sure until we see the context. 

There is an element of a reasonable interpretation of obvious typos and context, such as if there are as a minimum term which would take you to 1st June. If really no context that could clearly indicate the understanding, then yes an ambiguity would lean on the side of the party that didn't draft the document, ie you. 

I say this because it's worth understanding how much chance the other side has. Eg you might be better off helping find a replacement than sticking to your rights on the chance a judge agrees with her and holds you to the rent until 4 weeks after 1st June. Note it's not only the deposit at stake, but the ongoing rent. 

macman

Better to lose £1k deposit than pay 3.5 months rent when you don't want to occupy during that period.
Extraordinary that a lawyer should draft such a flawed contract. I wonder if she is declaring the rental income?

BobT36

Ironic a lawyer would complain about someone "trying to find loopholes" lol..

LeginWales

Hi all, just in case anyone comes across this and is in a similar situation. I got a solicitor to look over the agreement and he confirmed my interpretation was correct and that I was within my rights to give the one month notice when I did as it was in fact a break clause. Landlady is still saying she won’t be returning my deposit if I leave before the fixed term so looks like I might be in for a fight at the small claims court.

_Penny_Dreadful

LeginWales said:

Hi all, just in case anyone comes across this and is in a similar situation. I got a solicitor to look over the agreement and he confirmed my interpretation was correct and that I was within my rights to give the one month notice when I did as it was in fact a break clause. Landlady is still saying she won’t be returning my deposit if I leave before the fixed term so looks like I might be in for a fight at the small claims court.

I have only just read this thread and I agree with your interpretation.  I also agree that as you were not the one who drafted the contract and there are conflicting clauses you should not be the one disadvantaged by the conflicting clauses.  As a solicitor your landlord should know better. 

Make sure to take plenty of photographs of the room when you move out and have no qualms about sending the landlord a letter before action to get your deposit back.  If she plays silly buggers then file a MCOL.

Grizebeck

Just give her a letter before claim (hand delivered )then issue a claim
As you know she owns the house point out that if you win and she doesn't pay as per any order of the court you will either apply for a third party debt order ( as you know her bank details) or a charging order (as she will own the house I assume)

That will set the cat amongst the pigeons