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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.
     

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