Lodger rights when undue rent taken by landlord??

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    Lodger rights when undue rent taken by landlord??

    I am currently a lodger with a makeshift rent-a-room agreement and I am due to move out soon. The agreement states that a month's notice to be given on either side but the problem is the landlady agreed by e-mail to allow me to give 2-3 weeks notice but is still saying she will take rent for the full month.

    The e-mail stated that I would be moving out at the start of September if not the August bank holiday, so I am moving out the August bank holiday - and told her, to which she said OK. The landlady has decided to interpret this e-mail as the start of September rather than the bank holiday - thus charging me til the start of September.

    Is this allowed if she has previously stated that it was OK for me to give her less notice??

    The rent is paid in advance from the 1st of the month so do I have a right to get the money back given the circumstances?

    Also she does not live in the property and I think she is trying to get around tax and mortgage rate issues by not having me as a tenant with an AST contract.

    What can I do??

    Any advice much appreciated.

    #2
    It sounds like you need to talkher clearly about it as to what you thought she had agreed.

    It depends on what she specifically said as you may have mis-understood her meaning...but as she is holding the money, getting a rebate is not practical unless you can explain yourself clearly. I would actually explain to her that you were only expecting to pay for 3 weeks...be clear about it and explain about what she wrote in the email. Let her give you her reasons why she is charging the full month so there are no misunderstandings. She may say that she meant she was happy for you to go early, but that rent is still due , as your agreement would suggest.

    Although i would say she's entitled to keep the extra week, as it stands from your agreement, you would be entitled to stay in your room until your rent was used up..as she cant have it both ways. You could say that you will stay the extra week now...and see if she would rather see you go sooner by refunding the last week.

    Having said this; if your landlady is not currently living in the home as her main residence (and she is not just away on holiday or on business) you are not just a licencee (ie a lodger), you are actually a tenant. If you decided to dig your heels in and not move out, she would need a court order to evict you, which could take months. She probably doesn't realise this, as many LL's do not understand the difference between a lodger and a tenant. Anyway, that wont help your situtation, as you intend to move out anyway and it pays to be on good terms with people.
    All posts in good faith, but do not rely on them

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