Notice period required - no written agreement

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    Notice period required - no written agreement

    My lodger wants to give me 12 days notice before leaving. I have a four week deposit from her, but we have signed no written agreement. Can I insist on her giving four week's notice, as I would have wanted?

    My understanding is that the purpose of the four weeks deposit is to ensure against people leaving with shorter notice periods and leaving the landlord 'out of pocket.'

    Does anyone know what the legal situation is if I insist on the four weeks notice period and potentially not return part of the deposit to take into account the longer notice period that I would expect?

    #2
    A lodger has no statutory rights at all (and, in your case, apparently no contractual rights in writing either). You cannot demand "four weeks' notice, as I would have wanted"; you yourself failed to convert your "want" into a binding contract- which you can hardly blame on her!
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

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      #3
      I had provided a contract, which she did not sign! I found your answer a bit contradictory - you say that a lodger has no statutory rights, and then state that I cannot demand something. Do you mean that legally I cannot demand it or on what basis?

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        #4
        Originally posted by johndoyle View Post
        I had provided a contract, which she did not sign! I found your answer a bit contradictory - you say that a lodger has no statutory rights, and then state that I cannot demand something. Do you mean that legally I cannot demand it or on what basis?
        No contradiction!
        A. Lodger has no statutory rights.
        B. You or lodger could have had contractual rights, had there been a binding Agreement (in writing, preferrably)- but there isn't. That's why you cannot demand compliance with your requirement; it's not contractually binding.
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment

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