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Excluded Tenancy Notice Period (Live in Landlord)

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627 views 1 replies latest reply: 14 April 2016

Hi, I am currently renting a room in my Landlord’s house. We have a short, concise ‘Excluded Tenancy’ agreement and 2 weeks ago I handed in my notice to leave, providing 28 days notice. It’s definately an ‘excluded tenancy’ as opposed to ‘excluded license’. The notice was issued on 12th March, and runs until 9th April. My landlord was fine with this at the time and thanked me for putting it in writing. I have since paid my final rent (pro-rata) for the last 9 days of April, and they have said that the rent should be the full £450, to take it up until 1st May, as my notice period has to end on the rent due date.

Having researched this online it has become apparent that for excluded tenancies the notice period must be at least the length of the period (1 month) and end on a rent day. However, the information I’ve found online says “unless you and the landlord agree otherwise”.

In my tenancy agreement, it says:

“After the initial period ends the occupancy will continue until it is terminated in accordance with the termination clause” The termination clause then says:

“After the initial period the Lodger agreement may be ended by either party giving no less than 28 days written notice”.

My question is, does the contract supercede the requirement to end on the rent date, because it doesn’t stipulate this, merely that I am required to give 28 days notice, which I have?

Thanks in advance for any assistance.

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Hi Ben

As the contract (based on your quotes) does not stipulate any scheduling just the need to give 28 days notice that is all that is needed and you only have to pay rent in line with your final day of liability.

However, if they hold any sort of deposit, this is not protected by deposit legislation and they may simply take the difference from that. You may then have to consider court action to recover this- if the amount is high enough to qualify (which I dont think it will be).

As always my advice is just talk it out face to face and try and reach a reasonable compromise rather than let matters get nasty!

Hope that helps

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