Live in landlord no contract how much notice to give

Discussion in 'benefits and housing' started by ilovebush&blair, Jan 24, 2018.

  1. ilovebush&blair

    ilovebush&blair Well-Known Member

    So I live in a shared house with a live in landlord. I moved in on 30th November paid a deposit which I have a receipt for but have not signed any contract. My rent is paid until the 30th January. I just told my landlord that I'm moving out and he said I need to give him 30 days notice. But this was never mentioned before. I think 7 days notice is reasonable since nothing was ever discussed. What is the likelihood of me getting my deposit back?
     
  2. Puddy_Tat

    Puddy_Tat meh

    Assuming you're in England (housing law varies around the UK) and your landlord lives in the same property, then you're a lodger rather than a tenant, so it's all a bit fuzzy.

    More (from Shelter) here - says landlord only needs to give 'reasonable notice' without stating what that is.

    This suggests 4 weeks' notice by tenant if it's weekly, 1 month if it's monthly (although not entirely clear if that also applies to lodgers)

    Although this bit (if you count as an 'excluded occupier' - I'm a bit fuzzy whether this is the same thing as a lodger or whether there are differences) says 7 days notice is usually 'reasonable'

    Lodgers do not appear to be covered by the deposit protection rules. More here. So might be a case of taking a small claim in the county court if they don't let you have your deposit back.

    Was there any sort of agreement / implication about how long the deal was for? Since it's not a formal tenancy, the 6 month minimum doesn't necessarily apply.

    Not sure I have really answered the question, but maybe some of this might give you an idea or two.
     
    ilovebush&blair and editor like this.
  3. ilovebush&blair

    ilovebush&blair Well-Known Member

    I could be an excluded occupier because we share a kitchen. And no there was no kind of agreement at all. I got the room from Sparerooms and it said minimum stay one month. Nothing was ever spoken about how long I'd stay or how much notice I had to give upon leaving. He mentioned a contract after me being there for one month.

    But I turned up at the house. Looked at the house and said can I move in? He said yes. Paid the deposit and then a months rent. Never was the issue of leaving or any notice period ever discussed or spoken about and no contract was seen or signed by me
     
    Last edited: Jan 24, 2018
  4. Teaboy

    Teaboy It definitely looks brighter over there..

    I dunno legally but 30 days would normally seem reasonable and it certainly was when I was renting rooms and indeed when I rented rooms. That being said, no basic contract till after 30 days sounds like a bit of a trial run period anyway. Is there a good reason why you are leaving or do you just not like the place?

    My advice would be next time ensure a contract is in place, you can buy the right type of contract from WHSmiths for pocket change and it gives everyone protection to an extent.
     
  5. TopCat

    TopCat Gone away, no forwarding address

    How much notice would you have wanted if he told you to go?
     
  6. SpookyFrank

    SpookyFrank Ridin' a Stutz Bearcat, Jim

    Depending on the specific maths of the situation, where there are only informal arrangements in place I'd say its better to keep your rent and wave goodbye to the deposit.
     
    Idaho likes this.
  7. SpookyFrank

    SpookyFrank Ridin' a Stutz Bearcat, Jim

    Which is the same thing because losing your home is the same as losing some unearned income.
     
    campanula and crossthebreeze like this.
  8. Epona

    Epona I am Hououin Kyouma

    A month's notice either way would seem the most polite option.
     
    tim and 1927 like this.
  9. friedaweed

    friedaweed Sitting down for a wee

    Last seen on the 25th of Jan. Hmmmmmm:hmm:

    [​IMG]
     
  10. tim

    tim Well-Known Member

    In Highgate now his finger-bones

    Stick through his finger-ends.
     

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