Lodger Rent Refund

AlfaSpider2

Hi,

Landlord asked me to vacate rented room (lodger) 1st may as he needs it for family. The contract states that either party should give a minimum of 28 days’ notice to end the agreement.

I have moved out and returned the key on May 22nd as I found a new place and they wanted to start the contract straight away and there were limited options available. Have asked the landlord to return my rent for the remaining days as I pay on the 6th of each month, which he has refused.

Originally, I asked to leave by the 6th June to which he agreed, can I clam back the money between the 29thmay and 6th June as its beyond the 28 days’ notice period or not because I asked to have it to the 6th?

Realize probably nothing I can do but thought it worth asking here, just seems wrong that I am absorbing all of the cost when it wasn’t my decision to leave.

Many thanks

caprikid1

Move back in ?

propertyrental

Date LL served you the 28 day notice?

Assuming the notice was correct, why did you not move out as required on May 1st?

Rent is usually indivisible so if you pay monthly then a month's rent is due.

If you paid a months rent on 6th May, having over-stayed beyond the 1st, then a months rent is due.

If the LL agreed to extend your contract to 6th June, then

* how as this agreement reached/recorded (in writing?)

* your rent on 6th May would cover till 6th June so

* you could remain there till 6th June.

saajan_12

If your agreement allows for notice, then everyone has to follow that and cover their own costs, regardless of who's 'choice' it is. The contract would have given the minimum notice period, but if you mutually agree to a slightly longer timeframe with a specific end date then that becomes firm and both sides can expect to rely on that plan of 6th June. You can't now unilatterally change it either way (to pay less or to stay longer). 

Specific comments in line..

AlfaSpider2 said:

Hi,

Landlord asked me to vacate rented room (lodger) 1st may as he needs it for family. The contract states that either party should give a minimum of 28 days’ notice to end the agreement. - okay, as its a licence not a tenancy, that is the extend of the agreement. You'd have to leave by 29th May. The reason is irrelevant. 

I have moved out and returned the key on May 22nd as I found a new place and they wanted to start the contract straight away and there were limited options available. Have asked the landlord to return my rent for the remaining days as I pay on the 6th of each month, which he has refused. - correct, you can't change it at the last minute. The LL may have made plans for the new person based on the agreed date, and may not be able to suddenly change that. Before committing to the new place, you should have accounted for the agreement with this old place. 

Originally, I asked to leave by the 6th June to which he agreed, can I clam back the money between the 29thmay and 6th June as its beyond the 28 days’ notice period or not because I asked to have it to the 6th? - No, you asked and he agreed so it became a mutual termination date of 6th June. Both sides agreed not to stick to the 28 days notice. 

Realize probably nothing I can do but thought it worth asking here, just seems wrong that I am absorbing all of the cost when it wasn’t my decision to leave. - it was your decision to enter into an agreement with 28 days notice and subsequently your decision to pay rent upto 6th June. You had to know this day was coming.  

Many thanks

Edit: typo June not May

AlfaSpider2

caprikid1 said:

Move back in ?

Yes I could, contract for the new place has started so I have no need for two rooms. Thanks 

propertyrental said:

Date LL served you the 28 day notice?

Assuming the notice was correct, why did you not move out as required on May 1st?

Rent is usually indivisible so if you pay monthly then a month's rent is due.

If you paid a months rent on 6th May, having over-stayed beyond the 1st, then a months rent is due.

If the LL agreed to extend your contract to 6th June, then

* how as this agreement reached/recorded (in writing?)

* your rent on 6th May would cover till 6th June so

* you could remain there till 6th June.

Notice severed on the 1st May. I paid on the 6th May as normal. Agreement is in writing (text message). Thanks

saajan_12 said:

If your agreement allows for notice, then everyone has to follow that and cover their own costs, regardless of who's 'choice' it is. The contract would have given the minimum notice period, but if you mutually agree to a slightly longer timeframe with a specific end date then that becomes firm and both sides can expect to rely on that plan of 6th May. You can't now unilatterally change it either way (to pay less or to stay longer). 

Specific comments in line..

AlfaSpider2 said:

Hi,

Landlord asked me to vacate rented room (lodger) 1st may as he needs it for family. The contract states that either party should give a minimum of 28 days’ notice to end the agreement. - okay, as its a licence not a tenancy, that is the extend of the agreement. You'd have to leave by 29th May. The reason is irrelevant. 

I have moved out and returned the key on May 22nd as I found a new place and they wanted to start the contract straight away and there were limited options available. Have asked the landlord to return my rent for the remaining days as I pay on the 6th of each month, which he has refused. - correct, you can't change it at the last minute. The LL may have made plans for the new person based on the agreed date, and may not be able to suddenly change that. Before committing to the new place, you should have accounted for the agreement with this old place. 

Originally, I asked to leave by the 6th June to which he agreed, can I clam back the money between the 29thmay and 6th June as its beyond the 28 days’ notice period or not because I asked to have it to the 6th? - No, you asked and he agreed so it became a mutual termination date of 6th June. Both sides agreed not to stick to the 28 days notice. 

Realize probably nothing I can do but thought it worth asking here, just seems wrong that I am absorbing all of the cost when it wasn’t my decision to leave. - it was your decision to enter into an agreement with 28 days notice and subsequently your decision to pay rent upto 6th June. You had to know this day was coming.  

Many thanks

Ok thank you

propertyrental

AlfaSpider2 said:

caprikid1 said:

Move back in ?

propertyrental said:

Date LL served you the 28 day notice?

Assuming the notice was correct, why did you not move out as required on May 1st?

Rent is usually indivisible so if you pay monthly then a month's rent is due.

If you paid a months rent on 6th May, having over-stayed beyond the 1st, then a months rent is due.

If the LL agreed to extend your contract to 6th June, then

* how as this agreement reached/recorded (in writing?)

* your rent on 6th May would cover till 6th June so

* you could remain there till 6th June.

Notice severed on the 1st May. I paid on the 6th May as normal. Agreement is in writing (text message). Thanks

Ah I misunderstood. I assumed "Landlord asked me to vacate rented room (lodger) 1st may" meant he had served the notice earlier (1st April?) asking you to vacate on 1st May.