Giving notice mid rental month - moving out early

[james79]

I've posted about my situation before but it has developed since then.

Short question: If I give notice mid-rental month should the notice period then run to the end of the following full rental period?


Long version:

Basic background is that I rent a flat and have lodgers. They sign a written "lodgers agreements" which state one months notice can be given by either side.

I gave one lodger a months notice part way through his rental month (rental month runs up to 27th of the month and I gave one months notice on the 7th February).

He had only paid up to Feb 27th and moved out then. I kept the 8 days difference before returning his deposit.

He is taking me to court on the basis that

a) He believes he was a tenant rather than a lodger

and

b) the the notice period should have coincided with the end of a rental period.

I'm fairly sure that he was a lodger but if he was a tenant where do I stand?

If I am supposed to give the one months notice to coincide with the rental month then surely his argument should be that by giving notice on February 7th the notice period had to run up to March 27th, ie at least on full one rental months notice? I can't go back in time and give him notice on January 27th, and I can't give him less than one months notice ie from Feb7th to Feb 27th.

He told me on Feb 20th that he was planning to leave on Feb 27th.

The wording of the agreement simple says "one months notice" so even if I was happy to go with this meaning one month from any date, his notice to me would surely then run to March 20th and he is liable to pay rent to at least March 7th?

He admits in his court claim that the notice period ran until March 7th and that he moved out earlier than this.

My question then is:

If I give notice mid-rental month should the notice period then run to the end of the following full rental period?

[westminster]

If T lives with the landlord he's an excluded occupier, i.e. a lodger. See

http://england.shelter.org.uk/get_ad...uded_occupiers

The notice period doesn't have to conform to the rental period in these circumstances, you just have to give "reasonable" notice, i.e. in this case one month as it's what you both agreed, therefore that's what is reasonable.

[james79]

even with exclussive possession

If T lives with the landlord he's an excluded occupier, i.e. a lodger. See

http://england.shelter.org.uk/get_ad...uded_occupiers

The notice period doesn't have to conform to the rental period in these circumstances, you just have to give "reasonable" notice, i.e. in this case one month as it's what you both agreed, therefore that's what is reasonable.

Is this the case even if the lodger/tenant has exclusive possession of his bedroom? (and shares kitchen/bathroom etc with resident landlord)

[Paul Gibbs]

As long as the landlord is classified as resident (HA 1988 Sch 1 para 10) then yes.

[westminster]

Is this the case even if the lodger/tenant has exclusive possession of his bedroom? (and shares kitchen/bathroom etc with resident landlord)

Being a subtenant doesn't mean you're not an excluded occupier. In these circumstances, it's very probable that this person was an excluded occupier - you were mesne LL, they paid rent to you, they shared kitchen/bathroom etc with you.

[james79]

where is this in writing?

So does that mean that he is definitly a lodger, even with exclusive possession, simply because I am a resident landlord?

Which statute or case law proves this?

thanks for the responses btw

[westminster]

So does that mean that he is definitly a lodger, even with exclusive possession, simply because I am a resident landlord?

Which statute or case law proves this?

I think this is the act referred to by Paul Gibbs above.
http://www.opsi.gov.uk/acts/acts1988..._19880050_en_1

See also S.30, 31 & 32 which look relevant to me (N.B. I'm not a lawyer). But there are also references to the 1977 act so you'd probably have to look at that too.