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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi I have a lodger who rents my spare room. Their term is

Resolved Question:

Hi

I have a lodger who rents my spare room. Their term is one month which renews automatically on the last day of each and i have an agreement (although unsigned) to this affect. I want them to leave ASAP because a theft has occured in the property by either this party or a guest of this party and they have also engaged in illegal drug activity in the property. I have a copy of the lodger agreement that I gave to him which I can send you

Any help will be much appreciated.

Thanks,

Adam Burgess
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : What does the agreement say about early termination please ?
Customer:

hi Alex it ays the following; Early Termination Notice
1 month after the first months tenancy has been served making early termination no earlier than 30 June 2014

Alex Watts : Ok - let me look a few things up and get back to you, no need to wait here you will be emailed when I reply.
Customer:

ok thanks

Customer:

Hi Alex. Any chance you have had a look at this for me? I would really like a rapid response so that I can action this immediately. Many thanks, Adam

Alex Watts :

Sorry for the delay.

Alex Watts :

Sadly you can't terminate straight away unless you have proof it was the lodger

Alex Watts :

This is because he has an agreement that states he is entitled to a month notice

Alex Watts :

If he does not get a month notice it would be breach of contract

Alex Watts :

Just because you suspect him of illegal is not enough

Alex Watts :

It has to have actually happened and be severe enough to terminate the tenancy

Alex Watts :

Here you know there is a theft.

Alex Watts :

But unless you have proof.............

Alex Watts :

If you know for sure they have engaged in drug activity then you may be able to terminate on the grounds of breach

Alex Watts :

But there must be a clause that states something like you must act legally and not to cause nuisance or annoyance to others

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Ii have a clause in the contract that says;

Customer:

20. Not to cause a nuisance to any other person in neighbouring properties or to any other person at the Property.
21. Not to use the Room for any immoral or illegal purpose.

Customer:

30. If the Lodger breaches any of the Lodger's obligations contained in the section above (Lodger's obligations), the Owner may at any time during the Term terminate this Agreement by giving the Lodger not less than notice of one week (if rent is paid weekly) and not less than notice of one month (if rent is paid monthly). On expiry of the notice, this Agreement will end.

Customer:

so i guess I can tell him he has to move out by 20th july

Customer:

?

Customer:

Also can I just clarify that nowhere in my contract does it say that the notice period is a month. it just specifys the early termination notice date of 30th June. Under term it states - A term of 1 month starting on 31 May 2014 automatically renewing on the last day of each month, so does this impact your answer at all?

Alex Watts : Ok so you can give one month or when the tenancy ends
Alex Watts : This is because you either give a week if paid weekly, month if paid monthly or just don't renew
Alex Watts : So it coukd end this month.
Alex Watts : Does that clarify?
Customer:

So if I just say to him that it is a case that the tenancy will not be renewed can i get him out by the end of the month (30th June)

Customer:

as I'm sure you can appeciate in light of the actibvity that has happened in the short space he has lived here i want to get him out ASAP

Customer:

can you give me some guidance on how to actually relay this to the tenant in a way that will stand up legally and in accordance with the contract?

Alex Watts : You need to confirm in writing you will not renew and the tenancy will end.
Alex Watts : There is no automatic right.
Alex Watts : You should say the locks will be changed on 1st July.
Alex Watts : He has notice now to leave.
Alex Watts : Does that help?
Customer:

That's perfect I will draft a written notice to him to this affect. Thank you for all your help today Alex

Alex Watts : Happy to help.
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