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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31768
Experience:  Over 5 years in practice
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I have a dispute with my lodger who says she gave me 1

Customer Question

I have a dispute with my lodger who says she gave me 1 months' notice as per our lodger agreement. However she only said she had booked her flight to her home country to see her family for the holiday. She did not specify that this meant she was giving her months' notice or not returning. 3 weeks later she clarified that she was expecting me to look for a replacement lodger. I have retained most of her deposit explaining this is to cover the period of unpaid rent from the date she actually made it clear she was ending the agreement. What is my legal position?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

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

So you thought she was staying on, notwithstanding she said she was flying home, is that right?
Alex

Customer: replied 1 year ago.
I thought she was staying on. She had communicated in a similar way at Christmas when she flew to her home country for a month with her family. Nothing she said indicated this was any different.
Expert:  Ash replied 1 year ago.

Did you ask?

Customer: replied 1 year ago.
I did not seek further clarification. The contract between us states that it is the lodger's obligation to give a months' notice. In my mind, this was not 'giving notice' as she did not mention the contract, not returning, me needing to find a replacement lodger, or even the words "this is me giving you notice". Isn't the burden on her to make sure this is understood?
Expert:  Ash replied 1 year ago.

I assume she is going to her country and not coming back?

Customer: replied 1 year ago.
I have no info to suggest she would not return. She is in the middle of doing a degree here in UK.
Expert:  Ash replied 1 year ago.

But you wont know where she will come back to?

Customer: replied 1 year ago.
I don't know that. She hasn't said.
Expert:  Ash replied 1 year ago.

What is it you want to achieve?