Lodger gives 4 days notice and wants rent back

[Kaluki]

Hi,

almost a year ago, we decided to rent out a room as money was tight, double room £85 week furnished, and included tea and coffee.

 

 

Fred (not real name) come and viewed, liked the room, he said he would be here monday to friday, so 4 nights, so i said to him as he was only here 4 nigghts i would do him an evening meal for those 4 evenings.

 

Fred moved in, after abou t3 months he was starting to stay over the weekend and having a meal on sunday (roast dinner, my fault as asked if he would like one the first weekend, after that it seemed to be expected!) now he hardly goes home.

 

Sunday he tells us that he is moving out this thursday (1/3/12) and wants 3 weeks rent back, as he paid it in last week (bank transfer).

 

can he do this?

what are my legal rights?

 

What i feel i should do is not return his rent as notice wasnt reasnable, and as he paid monthly it should have been a months notice, and all the ''extras'' he's had (he was also eating cakes and using our marmalade, jam etc also taking our teabags to work). if he wants to stay the rest of the month thats up to him.

opinions please

[BankFodder]

I think that you are right. Especially if the rent was on a monthly basis. I think that this creates a reasonable expectation that the contract could be terminated by either side on a month's notice.

 

Start keeping notes and confirm every communication in writing

[Ed999]

My comments only apply if the premises are entirely within England.

 

Only a Court can decide what the legal effect of your contract agreement is. All we can do is suggest some matters that might be relevent to the court's decision.

 

 

Contracts which cannot be Assured or Shorthold tenancies

 

The following, if granted today, cannot be assured or shorthold tenancies:

 

• a letting by a resident landlord; or

• a licence.

 

 

Verbal agreements

 

For a verbal contract to be validly created, and therefore legally binding, there must be -

 

(a) an offer to let the room, made by the landlord;

(b) acceptance of that offer by the occupier;

© an agreement to make payment, usually of money (e.g. a rent);

(d) an intention to create legal relations - which is presumed to exist unless the parties are related by blood or marriage.

 

You have met all those requirements, from what you say.

 

You therefore appear to have a valid contract; but it is a licence, not a tenancy. A contract is quite valid if verbal. But you can't create a tenancy of a single room, if essential facilities - such as a bathroom and/or kitchen - are shared. A tenancy requires exclusive use of seperate accommodation.

 

What you appear to have is a lodger, not a tenant. In law, he is called a Licencee. The laws that govern tenancies don't apply to lodgers, so there are no terms implied into your contract by law. You only have the express contract terms, i.e. those which you and the lodger actually agreed.

 

If you don't have a written contract with him, it is going to be difficult to prove that he had agreed to give you any notice in advance to end the letting.

[Kaluki]

thanks for replys guys, well he has now gone actually left this morning knowing we were all out, with him he has taken the front door key and 1 set of double bed linen, so now have to change the locks!

He hasnt spoke to me all week, he ate his meals i left for him, no thanks or any thing then he steals from us.

Makes me mad, try and help someone by keeping their costs down ( i e feeding him as well ) and he does this.

next lodger written contract and rules!

needles to say deffinatley keeping rent now!

 

edited to add;

has also taken knife and fork from best set and it was a new set!! ggrrr

Edited March 2, 2012 by Kaluki