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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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, I have needed to serve notice to my lodger who moved

Resolved Question:

Hello,
I have needed to serve notice to my lodger who moved in on 19 March 2015. She signed a Lodger Agreement stating a 6 month term and with the following clause:
1. Either the Owner or the Lodger may at any time during the Term terminate this Agreement by giving to the other the Early Termination Notice. On expiry of the notice this Agreement will end.
Early Termination is 1 months notice. I have given her 1 months notice by email as of yesterday as relations are strained. I have two questions,
1. Does she have to respond to my email for the notice to be confirmed?
2. I added a handwritten note to the foot of the Lodger Agreement stating that the Term was for a minimum of 6 months (notice can be given at 5 months). As I have needed to serve notice much sooner, where does she stand legally regarding the Lodger Agreement? Could she say that it's a minimum of 5 months before notice per the handwritten note, or am I protected by the formal Lodger Agreement clause?
Thank you
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

1. If you are sure it has been delivered then no.

Alex Watts :

Ideally you need a read receipt or delivery receipt to show it has been actioned.

Alex Watts :

2. Legally its a lodger agreement, it can be terminated at any time.

Alex Watts :

It makes no difference whether or not it was for 6 months, it could be ended with a months notice.

Alex Watts :

3. She could try and say its 5 months notice, but it says it can be terminated with a months notice.

Alex Watts :

In any event a lodger has no rights, you don't need a Court order etc to evict. They are there on licence.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Thank you, ***** ***** more clarification. If relations become further strained, am I bound to 1 months notice?

Alex Watts :

Yes.

Alex Watts :

Because that is what your contract says

Alex Watts :

If you dont you could be sued for breach of contract.

Alex Watts :

That would be 1 months lodgings somewhere else

Customer:

Ok, thank you for your advice.

Alex Watts :

Great. If I could ask you to rate my answer before you go today please, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

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