Advice on notice to quit period

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    Advice on notice to quit period

    Hi,
    I need some advice/information, I wonder if anyone can help.

    I am currently a tenant/lodger in a shared house. I have been living here for a year and today gave notice to quit. I plan to move out at the end of the month but have given 4 weeks notice. This period was agreed verbally when I moved in, but we have no actual contract between us. My housemate today said that she would expect a full months notice, i.e. the rest of this month and a full month, taking my rent to the end of June.

    My question is, is it expected that a tenant has to give a months notice to the end of a period (i.e. a month) even if this is not formally set out in a contract. I believed that I had to give a months notice, no matter if this month period ended partway through a month.

    Help?!?

    #2
    This depends on your status - tenant or lodger?

    If your contract is with your housemates (ie not the propery owner) then you are a lodger - and can move out giving "reasonable notice".

    If your contract (possibly jointly with the other tenants) is with the landlord (or his agent) then you are a tenant. In this case, your flatmate is right - you will in fact give notice for the entire group, and the remaining tenants will have to re-negotiate with the landlord.

    Comment


      #3
      The contract is with my housemate so I think I think I'd be a lodger.

      I'm worried because she said she'll keep all the deposit for a full calendar month from the 1st of June to the 30th June (even though I want to move out on the 31st of May and I've already paid up until the 1st of June).

      Can she keep all or any of my deposit in this case?

      Thanks so much
      Sarah

      Comment


        #4
        Originally posted by SarahW View Post
        The contract is with my housemate so I think I think I'd be a lodger.

        I'm worried because she said she'll keep all the deposit for a full calendar month from the 1st of June to the 30th June (even though I want to move out on the 31st of May and I've already paid up until the 1st of June).

        Can she keep all or any of my deposit in this case?

        Thanks so much
        Sarah
        She can't keep your deposit, but stoping her doing so may mean claiming it back through the court system. Once she doesn't pay, send a letter giving her 14 days to pay or you will take the matter to court. You can start your claim at www.moneyclaim.gov.uk which is reasonably easy and cheap (if you win - the other party has to pay your court fees).

        There are books on the small claims process on Amazon or your local library.

        Comment


          #5
          Originally posted by Snorkerz View Post
          If your contract (possibly jointly with the other tenants) is with the landlord (or his agent) then you are a tenant.
          ...unless L also occupies, in which case each occupant (other than L) is a lodger or excluded occupier- without statutory rights.
          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


            #6
            The situation is my housemate rents the house from the landlord. This is done in just her name. I have no tenancy agreement. I moved in last year as a lodger in one of the rooms in the house.

            The amount of rent was agreed verbally between us, and length of notice period (4 weeks) but I do not have a lodgers agreement. I am happy to keep to my word and give 4 weeks notice, taking me to the middle of June. However my housemate says she wants payment to the end of the calendar month, which would mean 6 more weeks.

            Snorkerz said earlier that lodgers must give a reasonable notice period, and I believe 4 weeks is reasonable so there is no reason that I should have to pay to the end of a calendar month.

            Am I correct in thinking this?

            Comment


              #7
              I think your housemate is confusing the notice that she is required to give as a tenant, and what you are required to give as a lodger.

              "Reasonable" could mean anything, but you first have to make her understand that you are a lodger before trying to argue what "reasonable" means(I think two weeks is reasonable for a lodger, others may say different).
              Allow tenants to protect their own deposits. I want free money when they do it wrong

              Comment


                #8
                Originally posted by SarahW View Post
                The situation is my housemate rents the house from the landlord. This is done in just her name. I have no tenancy agreement. I moved in last year as a lodger in one of the rooms in the house.

                The amount of rent was agreed verbally between us, and length of notice period (4 weeks) but I do not have a lodgers agreement. I am happy to keep to my word and give 4 weeks notice, taking me to the middle of June. However my housemate says she wants payment to the end of the calendar month, which would mean 6 more weeks.

                Snorkerz said earlier that lodgers must give a reasonable notice period, and I believe 4 weeks is reasonable so there is no reason that I should have to pay to the end of a calendar month.

                Am I correct in thinking this?
                Yes, you are correct. You can give four weeks' notice and at the end of that notice (assuming you move out) your rent liability ends. You don't have to pay rent to the end of the next calendar month. This would only be the case if you were an assured shorthold tenant with a periodic tenancy; but you're not, you're an excluded occupier (a.k.a. lodger).

                Note that oral/verbal contracts are just as valid as written ones, they're just harder to prove.

                And as Snorkerz says, if she withholds your deposit, issue a claim via Money Claim Online. The court fees are fairly low (and are added to the claim), and you don't need a solicitor as it would be allocated to the small claims track.

                Comment

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