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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25485
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I rent a room just a gentlemans agreement now he wants to sell

Customer Question

I rent a room just a gentlemans agreement now he wants to sell house so I have found another room but he will not refund deposite which is 370 pounds I have given him a weeks notice but he wants four weeks notice what are my writes
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I clarify that the landlord is a live in landlord please - i.e. you share occupation of the same property?

JACUSTOMER-jknqjw03- :

yes I do

Joshua :

Thanks.

Joshua :

How often to you pay rent - every month, every week?

JACUSTOMER-jknqjw03- :

he wants rent every month cash

Joshua :

Thanks - is that the 1st day of each month or another date? Do you ave receipts for the rent paid?

JACUSTOMER-jknqjw03- :

I pay by cheque first month then cash but had no reciets

Joshua :

Thanks. Finally when did you given him notice and was this in writing?

JACUSTOMER-jknqjw03- :

yes first day of month 26 03 2015 by text I gave notice

Joshua :

Thank you. The legal position is as follows. Although you have no written agreement, you have what is known as a licence to occupy (sometimes called a Lodgers agreement) and this is no less the case because you have nothing in writing. However, because you have nothing in writing, the terms of that agreement, where there is a disagreement between you, are determined by common law.

Joshua :

Common law provides that in the above circumstances you have a month-to-month licence to occupy a notice can be given by the parties any time to end the agreement subject to minimum notice. In the absence of agreement between you, the minimum notice again is determined by common law and common law provides that the length of notice required by either of you to the other is equivalent to the interval at which rent is paid. So for example, if you pay rent weekly, the level of notice required would be one week and if you paid monthly, length of notice would be one month and so on.

Joshua :

Based upon what you say, because rent is paid monthly, both you and the landlord are entitled to one months notice from each other in order to bring the agreement to an end

Joshua :

notice must be made in writing in order to be valid in the event of a disagreement. Accordingly, I fear that the landlord would appear to be within the law and asking for four weeks notice as he is entitled to require one months notice from you if rent is paid on a monthly basis by you I regret to say.

Joshua :

on the other hand, you are entitled to occupy your room for the full period of that notice and if the landlord does not make them available for you during that period, cannot charge rent. If the room is not available for you to occupy, you can require that the landlord refund you for any period you are not able to occupy

Joshua :

is there anything above I can clarify for you?

Joshua :

Has the above answered your questions satisfactorily?