Wanting to leave lodger agreement

LeginWales

_Penny_Dreadful said:

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.

Thanks for the reply, it is much appreciated. I’m glad you also agree with my interpretation. Unfortunately I think she will play silly buggers. She is still very angry and is now ignoring me in the house. I must admit I’d not heard of MCOL. Will look it up, thank you again.

LeginWales

Grizebeck said:

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 

Thank you for your advice! Right now I’m keeping my powder dry as the situation is already very tense. I plan to leave a letter with her demanding the deposit back once I leave. She is refusing to accept my notice and is saying the first clause supersedes the second clause and that she knows this because she is a retired solicitor yada yada. 

If you have a moment, I was just wondering how I should go about paying my final weeks rent (I plan to no longer be living there at that point). Should I pay her pro rata for that week or tell her to take it out of the deposit she is holding and threatening not to return? I think the former would be a better idea in case it does get to the small claims court and I can show I’ve always followed the rules and have shown good faith. On the other hand, say I lose at the small claims court (she is a lawyer after all and I’m not), that’s another £250 I could potentially lose… 

Thank you again!

_Penny_Dreadful

@Grizelbeck, why hand deliver a letter rather than sending 1st class with proof of postage? The latter is easier to prove to a court. 

_Penny_Dreadful

LeginWales said:

_Penny_Dreadful said:

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.

Thanks for the reply, it is much appreciated. I’m glad you also agree with my interpretation. Unfortunately I think she will play silly buggers. She is still very angry and is now ignoring me in the house. I must admit I’d not heard of MCOL. Will look it up, thank you again.

Thinking about it logically, how could the first clause supersede the second clause when it precedes the second clause by virtue of it being first? 

Funnily enough the worst landlord I have ever had claimed to have a law degree. 

LeginWales

_Penny_Dreadful said:

LeginWales said:

_Penny_Dreadful said:

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.

Thanks for the reply, it is much appreciated. I’m glad you also agree with my interpretation. Unfortunately I think she will play silly buggers. She is still very angry and is now ignoring me in the house. I must admit I’d not heard of MCOL. Will look it up, thank you again.

Thinking about it logically, how could the first clause supersede the second clause when it precedes the second clause by virtue of it being first? 

Funnily enough the worst landlord I have ever had claimed to have a law degree. 

Yeah it makes no sense at all. I’m not sure if she genuinely believes it or is just trying it on! Puzzling really when it seems so clear cut.

LeginWales

Hello, 

I am a lodger. I signed a fix term lodger agreement but it contained a break clause with a one month notice period. I handed in my notice but the landlord refuses to accept it and says I am liable for paying rent for the whole fixed term. I screenshot the break clause and sent it to her but she says the first clause (the clause about the fixed term) “supersedes” the second clause (the break clause). This is not true and it’s even stranger she keeps insisting it is given she’s a lawyer.

Anyway, she is threatening to hold onto my deposit if I leave before the fixed term is up. The deposit is £1,000 and is not protected (as I am a lodger and not a tenant). How do I proceed here? Can I take her to the small claims court or issue an MCOL?

Thank you!

HampshireH

Best to keep it all on your original thread 

https://forums.moneysavingexpert.com/discussion/6505070/wanting-to-leave-lodger-agreement/p3

propertyrental

why a new thread on the same topic?

See replies already provided.

elsien

I thought it sounded familiar.
OP what extra questions do you have that haven’t already been answered on the other thread? Whatever they are, keep posting on the other thread to keep everything together. 

gazfocus

My understanding is that in general, if there are two clauses that contradict each other, it would be the second clause that supersedes the first. However, as others have said, with any ambiguity, the contract would go in your favour and not the landlords. 

With regards to whether you should pay the final weeks rent, my gut would be that you should continue to pay your rent until the end of your notice period so that you can demonstrate you’ve always paid the rent as required. 

In my view, there’s no possibility that the landlord would ever win this one in court.