Conflict of terms in contract - lodger agreement

[SouI]

Hello,

I live as a lodger in a different city for part of the week. I’d like to move out asap. I’ve just had a look through the lodger agreement and there is a clear conflict of terms.

One section says I can give four weeks notice from the 1 June. Yet another says I can terminate with four weeks notice “at any time”. What happens in this scenario?

The landlord is holding £1,000 deposit which I would like to get back.

Thank you!

I’m in England if that makes a difference

I don't know but I'm assuming the length of the let paragraph here might be relevant:

www.gov.uk/rent-room-in-your-home/your-lodgers-tenancy-type

Thank you @marmaladeandpeanutbutter. Unfortunately, I’m still a bit confused by the wording.

Worth checking the Shelter link in the above post to see your rights as a lodger

Are you sure it's mutual in June but you can give four weeks anytime?

Just speak to the landlord.... as long as they can find someone to replace you it's going to work out ok.

Is it a case of a minimum term? Will 1st June be 6 months or 12 months since the contract was signed? It may be the earliest you can give notice within the terms.

It sounds like it’s poorly worded and needs four weeks notice given on the 1st of the month.

As daunting as it is, it’s probably best just speaking with your landlord, explain that ideally you’d like to give notice to move out,
and you’d like to move out as soon as possible if they can fill the vacancy, or at four weeks if they can’t, and go from there.

Thanks all for the replies! I’ve asked the landlord. Fingers crossed 🤞

Hi all,

The landlord has come back and said I can only leave if she can fill the room. Just wondering if this is right? Thank you

Better seek advice from Shelter. I thought that Standard Assured Tenancies (6 m or 12 m to start) covered separate dwellings but lodgers were different but IANAL. Even if it is as your landlord says, ask them to start advertising it and fingers crossed.

The landlord is being a twat. She's trying to enforce something illegal but I have no idea how you'll get your deposit back if you do decide to leave. You could do a small claims court application I guess.

Well it depends what sort of contract you are on. If you agreed a fixed contract until June then yes basically landlord is within eights to say that younare liable for rent until they can fill the room

How likely is it that it will be filled? If highly likely then I'd just tell her to advertise and take it from there

I wrote something inaccurate apologies

Thanks everyone for the advice.

@Sodndashitall I guess the point I was trying to make is that the contract has conflicting terms. She’s said I’m just trying to find a loophole.

The exact words are:

“This Agreement is for a term of one year, however it can be terminated by the Lodger by giving one month's notice after 1 June 2024”

but also this:

”Termination of Agreement

This agreement can be ended at any time by:

The Lodger giving the Landlord notice of his intention to vacate the Accommodation by providing the Landlord with 1 month's notice.”

Sorry yes I see your point. I'd say that you simply say you'd signed the contract based on that second clause you quoted understanding of the termination rights and you are terminating per that clause. It's up to her to then take you to court to enforce a different term. Wouldn't be worth it for her
I assume your deposit is being properly held in approved acheme and not just n'y her ?

@Sodndashitall No, it’s just held by her. Paid via bank transfer because I understood that lodgers don’t have the same rights deposit wise as tenants.

She has also said the top clause supersedes the lower one.

Without seeing the whole contract I can't advise.... but it looks like you the tenant have a place to live for a fixed term but also you can provide notice under certain terms.

Just ask her why does she still want you to live here even if you don't want to. It's her home as well. Say you will assist with viewings but you really need to move out.

@naisspray Thanks for the reply. I’d be happy to send the contract over but understand if you are too busy.

She says it’s because she struggles to fill the room. I think she is very particular about who she wants aka basically she only wants a sensible professional woman.

When there is ambiguity in a contract, the ambiguity favours the person who didn’t write it. She wrote it. It’s unclear. The mistake falls on your side so you can give the notice and leave. Just tell her that, and tell her you will take her to small claims to get your deposit back which will cost her more in the long run because she will lose. Relationship is already tense now so you might as well go in hard.

@Itslegitimatesalvage That is good to know thank you. She’s actually a lawyer so I am a little surprised. As I said in a previous post she claims the top clause supersedes the lower one.

I hate confrontation. Doing all this over WhatsApp as I’m not there at the moment. At this rate I want to move out now and not go back. Ugh.

Just bumping this in case anyone comes along who knows the legality of it all. Unfortunately Shelter are closed until Monday.

Just be unpleasant and make noise and basically then she'll want you out ! Lol

I work with residential leases. I'm sure there is a break clause and also how to give notice after the break clause. Without seeing the whole agreement than it's impossible to tell. Can you not upload your imgur?

£1k deposit for a lodger seems really steep! How much is your rent? If it’s similar to a months rent I would not pay the next rent period and just give notice and let her keep the deposit.