Letting to lodger: what Agreement form/wording?

[Bel]

Now you know your rights, call the police if you suspect he will cause havoc after he has been evicted.

[ensjr]

Letting to lodger who wants to use early break clause

My dispute with my lodger, I am a homeowner renting a room.

_________________________________

In our House Share Agreement (standard agreement downloaded from a website) says:

The Term
For a minimum period of 3 months from the 25th April 2008.

Early Termination
Either party may at any time end this Agreement earlier that the end of the Term by giving to the other one months written notice to that effect or upon the expiry of said notice this Agreement shall end with no further liability for either party save for any existing breach.

The Rent
A rent of £275 per month shall be payable every 25th by equal payments in advance. The first payment will be due on the 25th April 2008 and every month thereafter on the same day in each month.

Method of Payment
The method of payment shall be made by standing order.

_________________________________

My lodger has verbally told me last night he wants to move out and is giving his notice with effect from the 13th May 2008. I appreciate this is not written notice, but my understanding was with a minimum of 3 months from 25th April I should still get 2 further months rent from him, regardless of his wish to move out sooner. His argument is that the statement in the Early Termination contradicts this, and he is now not liable for the 2months and 12days rent at £275 per month. Who is likely to win this dispute?

In addition, he has not waited until the 25th of this month to give me his notice, therefore does his notice start from the date I receive it (and the amount owed is proportioned)? Or does he still owe a full months rent at £250?

I need to resolve this as I am away over the next few days and don't want to cause further disputes as i'm scared my house would be at risk while i'm away.

Many Thanks,

ensjr

[jeffrey]

He is right. Term is three months, sure, but he has power to use break clause earlier (by giving you the required one month's notice). The Agreement does not stipulate any restriction as to the day of month on which Notice can be given. Only point in your favour: tell him that, since he wants you to comply, he must too by giving WRITTEN notice (i.e. refuse to accept his oral notice?)

[ensjr]

Can I ask what the point of having a Term in the Agreement then, if it doesnt serve a purpose? This is very frustrating considering I didnt produce this Agreement on my own and paid for such a document!

I also assume you believe the rent should be proportioned from the 25th of the month to a date 1 month after his written notice, and not a one months rent.

[jeffrey]

Can I ask what the point of having a Term in the Agreement then, if it doesnt serve a purpose? This is very frustrating considering I didnt produce this Agreement on my own and paid for such a document!

I didn't produce it either!

[jeffrey]

I also assume...that the rent should be proportioned from the 25th of the month to a date 1 month after his written notice, and not a one months rent.

Yes. The person leaving pays rent up to and including departure day, inc. apportionment to then.
NOTE that apportionment is on yearly basis:
A. Calculate rent for full year.
B. Divide A by 366 (to give daily rate).
C. Multiply B by number of days since end of last full rent month.

[ensjr]

Many thanks for your responses Jeffrey but it doesn’t look ideal for me.

I tried doing all the right things and yet he still manages to walk away with no ties at all, even though a minimum of 3 months was committed to. And doesn’t even look like I can get even one more months rent out of him either by way of lessening the blow!

I appreciate it is ambiguous, but it was agreed at the time that there would be a minimum of 3months, and I even explained at the time with a witness present what was meant by it. Does this make any difference?

[jeffrey]

It was NOT agreed re three months- else why did you allow break clause?

[ensjr]

We agreed a minimum of 3months with a months notice thereafter. I used a verbal example at the time; if he wanted to move out after 3months then he could give his notice after 2months and move out following a further month. Otherwise the continuation of the agreement would just be ongoing with a months notice prior to moving out.

My understanding of the explanation I gave at the time of signing is that although he wants to move out prior to his 3months he is committed to the 3months minimum rent, regardless of whether he is in the room or not.

[jeffrey]

We agreed a minimum of 3months with a months notice thereafter. I used a verbal example at the time; if he wanted to move out after 3months then he could give his notice after 2months and move out following a further month. Otherwise the continuation of the agreement would just be ongoing with a months notice prior to moving out.

My understanding of the explanation I gave at the time of signing is that although he wants to move out prior to his 3months he is committed to the 3months minimum rent, regardless of whether he is in the room or not.

Not what Agreement says, is it?

[ensjr]

its a bit ambigious, I accept that, it does state a minimum term though, and he's not wanting to stick to that though either.

[Imp]

Do you really want to live in the same house as somebody you are having a dispute with? If you force him to stay (and it sounds like you can't) your home is unlikely to be a nice place to be.

[ensjr]

we agreed he's out at the end of the next full month.

I'll have an Agreement written by a professional, rather than an internet download, and take more time to 'vet' potential lodgers.....assuming I can handle another one!

You can do all the checks you like, but it wont help a bit until you find out what they're like to live with!

Thanks for your help, i'll stick to this forum and follow the advice given in the various threads!

[marcusfox]

Lodger... how much notice?

How much notice does a lodger have to give before he leaves? A deposit of
four weeks' rent has been given at the start.

No written contract exists and the term of notice was not specified, apart
from a verbal agreement to stay at least six months. Six months is almost up
though. Rent is already paid by standing order, every four weeks. Does that
mean the lodger must give four weeks notice?

Marcus

[jeffrey]

If his "rent" is paid monthly in advance, he can leave at end of a "rent" month for which he has paid.
Really, it is not rent. Lodger pays licence fee only.
As there is no written Agreement, no Notice period is otherwise required- on either side.