Lodger agreement - being in limbo and renewal

Pumpk1N888

Long story short, I have been at my address for a long time. Initially, I was on an AST but suddenly, my landlord told me I am a lodger and gave me a lodger agreement accordingly. 

In the agreement, we both have to provide 1 month's notice to the other should we wish to end the agreement. My agreement is coming to its end. I am currently flat hunting (a pain!) and now suddenly, I am being told that the lodger agreement will be renewed. 

With the state of the rental market, I may not find a place by the time my contract expires. What are my rights? Can I renew then say I want to go with less than 1 month's notice?

Also, if I do not intend to renew my contract, can I wait until nearer to the end date of my contract to say I am not renewing? Or do I still need to give a month's notice?

gm0

If you don't have a resident landlord. Lives there.  You are not a lodger.  A lodging agreement is very loose.  Allows the RESIDENT landlord to "rent a room" and some access to shared space. Short term. Easy to exit.  Both sides.  Usually very little commitment. Legally "lightweight"

Rental tenants with Non-resident - landlords - have lots more rights. Around how tenancies, end, change, rent increases etc.  Heavily regulated.

If your landlord "moved back in" as part of the prior change - this could be legitimate.  And if you agreed it and started working to it - that ship may have sailed.

If they have not.  Then you have more rights than you think or your landlord wishes you to know about.  Shelter website for details

But be aware also that tenancies with their greater control (for the tenant) usually come with the concept of "a months rent".  There isn't ultimate flexibility upon leaving date vs rent due.  Indeed for a "fixed term" all the rent is due until the end of the term - whether you want to stay on or not.  Unless you agree something different (both sides) to release it.  And there are legal precedents on reletting and costs and all that.

Ms_Chocaholic

Does this apply:

A lodger is someone who lives with you in your home. They might be a friend or family member, but they can also be someone you don't know. Lodgers can stay with you for free or pay you rent, and sometimes other services such as meals, cleaning or laundry.

from here

https://www.citizensadvice.org.uk/housing/lodging-and-subletting/lodging-subletting/landlords-of-lodgers/taking-in-a-lodger-what-you-need-to-think-about-first/

Pumpk1N888

@gm0and @Ms_Chocaholic

I posted previously on the tenant/lodger debate and it is still very confusing to me. There is no shared space. I previously sought legal advice regarding the lodger agreement and was told that even if I signed it, it does not end or change the AST.

I guess based on what you are saying, I will need to factor in a month's notice in any case? If I do not intend to renew the lodger agreement, do I need to tell them a month before my agreement ends or can I just say so a week before or even the day my agreement ends?

RAS

Was the landlord resident when you moved in?
Have they been resident during your stay in the property?
Have they moved back into the property recently? When?

Pumpk1N888

RAS said:

Was the landlord resident when you moved in?
Have they been resident during your stay in the property?
Have they moved back into the property recently? When?

They were not resident when I moved in way before the pandemic but they did move back in at some point just before the lockdown.

We do not have any shared spaces.

Voyager2002

Since you are flat-hunting, the change to a 'lodger' agreement probably suits you.

The AST gives you far more rights to carry on living there, but also means that if you want to move out, you need to give at least one month's notice.

saajan_12

Pumpk1N888 said:

@gm0and @Ms_Chocaholic

I posted previously on the tenant/lodger debate and it is still very confusing to me. There is no shared space. I previously sought legal advice regarding the lodger agreement and was told that even if I signed it, it does not end or change the AST.

I guess based on what you are saying, I will need to factor in a month's notice in any case? If I do not intend to renew the lodger agreement, do I need to tell them a month before my agreement ends or can I just say so a week before or even the day my agreement ends?

what does the original AST say about notice and what does the lodger agreement say? The lodger v tenant issue  mainly affects how they can evict you at this point, which may or may not become relevant. However the notice period arguably still applies. 

Pumpk1N888

saajan_12 said:

what does the original AST say about notice and what does the lodger agreement say? The lodger v tenant issue  mainly affects how they can evict you at this point, which may or may not become relevant. However the notice period arguably still applies. 

@saajan_12 Therefore if I do not intend to renew my contract, I need to let him know a month in advance? Or can I just leave on the day my contract is meant to end?

saajan_12

Pumpk1N888 said:

saajan_12 said:

what does the original AST say about notice and what does the lodger agreement say? The lodger v tenant issue  mainly affects how they can evict you at this point, which may or may not become relevant. However the notice period arguably still applies. 

@saajan_12 Therefore if I do not intend to renew my contract, I need to let him know a month in advance? Or can I just leave on the day my contract is meant to end?

Notice depends on the contract you signed.. if it says 1 month notice even to terminate at the end of the fixed term tenancy (may be different to notice required when its rolling) and if you don't give such notice, then the tenancy would still end, but contractually the LL may have a claim for losses if they suffer a void in rent. 

If it says nothing then the default is no notice required ot terminate at the end of a fixed term. Notice IS required to terminate after the fixed term when its already rolling.