Lodger leaves without giving notice

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    Lodger leaves without giving notice

    Dear All,

    I previously posted about problems with a lodger and having taken on board all the advice from here and other forums I have tried to do things right this time, yet once again I have been let down... sorry this is long.....

    I am an assured shorthold tenant and with the permission of my landlord I rent out a room in the property to a lodger. I have a tenancy license for this person which I get them to read and sign, which includes all the important info about rent, notice, deposits etc. I also made sure that all this info was passed on verbally to the lodger when I interviewed him.

    The tenancy license was for an initial period of 3 months and was due to expire on the 30th of June. At the start of June I asked the lodger whether he wanted to extend the agreement at the end of the fixed term or give notice and he said he wanted to extend the agreement.

    Unfortunately things were not working out in the flat due to different lifestyles etc and so I decided to give him his notice so on the 30th of June I let him know that he was to move out in 1 month and gave him a letter of confirmation with all details in writing.

    5 days later, after I had been chasing him for July's rent for 5 days, he tried to leave secretly - it just so happened that I had booked that day off work but if I hadn't, he would just have gone without a word.

    I know that things are slightly different with excluded occupiers, but all the info I have found so far states that the landlord AND the lodger need to give 'reasonable' notice of termination of the agreement which is normally equal to the intervals at which rent is paid. In this case this is monthly. It also stated in the written agreement that the notice period should be 1 month.

    Now the lodger is under the impression that becuase the original written agreement had expired and he hadn't signed anything new that he was able to just leave without giving any notice at all. I do still have his deposit but he has left unpaid bills and damaged property which I would obviously normally use the deposit to rectify so I am out of pocket to the tune of £137.25 not including repairs. Is he right about this or does the written agreement apply - especially since he moved out 5 days after it 'expired' and also I have read that the written agreement is not 100% necessary with excluded occupiers and that a verbal agreement can suffice and that I feel we had this too - having asked him whether he wanted to move out at the end of the original agreement.

    I did tell him I would take legal action and have started looking into this but am having great difficulty getting through to the citizens advice bureau so I wondered if anyone here could give me any advice based on knowledge or past experiences.

    I know it's not a huge amount of money but I do feel that he should not just get away with it if he is indeed in the wrong. I do not rent out the room to make a profit but rather to help with the actual costs of running the property - I wouldn't do it if I could afford it on my own!

    Any advice or information would be gratefully received!

    Kind regards

    #2
    Sorry no one answered your question.

    The use of an overcomplicated agreement has lead to this misunderstanding about notice. WIth lodgers its best to go on a by the week or by the month agreement (like a periodic tenancy) unless you know you need to have them out at the end of a fixed term.

    I think you are only able to claim rent for the time he stayed, as you had no new contract to refer to...you should have had a new agreement ready to sign immediately the other expired. He should also pay for any damage and bills.

    You will need good evidence of condition before and after if you are to claim any extra money through the courts. Probably in ths case it may not be worth the hassle for you; you need to decide whether its best to put it down to experience.

    If you decide to go ahead, send a letter before legal action showing all your calculations and photocopies of receipts. Remember you cannot replace new for old; eg new carpet to replace old...you must allow depreciation to allow for the state of the item and not charge the whole amount. This would not apply to a simple repair of making something good.
    All posts in good faith, but do not rely on them

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      #3
      Lodger moved out no notice

      I had a lodger in my flat for just over a year, he has recently moved out, but told me he was giving me only 2 weeks rent instead of the usual 4 and he was moving out after that. As a result i was charged by the bank for going over my limit. Just wondering what my legal standing is o this RE: returning his deposit, am i within my rights to withhold some of it to pay for the rest of the month? Stupidly there was no written contract

      Comment


        #4
        Please understand that your lodger is merely a guest who pays. In lodger circumstances, contracts are nice but not necessary. If your lodger decides to leave with little or no notice, there is nothing you can do about it. Return his deposit without fuss. Voids should be expected from time to time.

        Put your focus on finding someone else, who pays rent on time and in full.

        Comment


          #5
          Only if you have agreed notice terms should you withold any deposit. If there is doubt, forget it.
          All posts in good faith, but do not rely on them

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