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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 11611
Experience:  I have been practising for 30 years.
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I have a room rental contract saying: "This agreement shall

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Hi!I have a room rental contract saying:"This agreement shall run for the period from 28th JANUARY 2018 to 20th
APRIL 2018 (the “Minimum Term”). The Tenant shall notify the Landlady one
month before the end of the Minimum Term whether the Tenant would be
extending or terminating the Agreement. At the end of the Minimum Term, any
extension of the term would be at the Landlady’s sole discretion, and an increase in
Rent may apply. For the avoidance of doubt, the last day of the Agreement shall be
19th APRIL 2018 at 2pm. If an extension is required for a few days, then the
daily rent shall be calculated by dividing the monthly Rent by 30.5 days."
"9. The Agreement shall be for the minimum of the agreed Minimum Term. The Tenant agrees to forfeit the Deposit if the Tenant terminates the Agreement before the agreed Minimum Term, unless the Tenant can find a replacement Tenant satisfactory to the Landlady"We didn't have this conversation with the Landlady. She didn't ask, I didn't start the conversation either. But after couple of days after 19th of March I found out I'm moving out and she asked me to pay for extra month. I think what our contract says is that the contract expired BY DEFAULT on April 19th (if we don't make any other decision).Your advice would be very helpful.
Customer: replied 9 months ago.
The case is I've asked here to leave on April 20th so we extended the contract by 24h and that's what I've additionally paid for.When I came back home tonight she first wanted me to pay immediately for the next month threatening me that she was going to call police. Then she wanted me to leave the place as soon as possible (even if I told her I'm leaving at 7am and there was no issue).
So I've called the police, but the only advice I've got was to wait until morning and call legal advice service.
After that she became aggressive touching my stuff, she took my wallet, put the money away saying "you see I could take those money, but I'm not like you...". She thrown a box towards me.
I've asked her multiple times to leave my room but the started touching and pushing me (pulling my hair once) and the last thing I wanted to happen was a fight so I gave up. When I called the police for the second time she started shouting to my phone so I couldn't even explain/ask anything. Then unfortunately the battery died so I had no chance to communicate anything to anyone.I've just pack everything and went away.
I'm not sure what could I do now.
Customer: replied 9 months ago.
I've attached the contract.
The one day extension was only verbally, we've never wrote it (unfortunately).

Hello - what is the situation at the moment?

have you left the property?

do you have your possessions?

Customer: replied 9 months ago.
I left in the middle of the night (around 2:20am).
I could collect all my belongings, so I'm fine.But before giving her the keys she was like "please give me the key and you can take your time to pack everything", after I gave it back to her she was insisting that I shouldn't stay longer than 30min.

Assuming that the landlady lives in the property and you share some facilities, kitchen, bathroom, lounge, whatever, (you don’t need to share them all), then she only has to give you either the notice in the contract or reasonable notice which would be one month.

You have very few rights in the landlady lives in the property and you share some facilities. Therefore the contract does finish on 19 April subject to any extension which can also be verbal.

What actually is it that you want to know? What do you want to do?

Customer: replied 9 months ago.
I wanted to leave one day after the contract expires (April 20th).She told me I hadn't informed her about the contract termination. So she wants to sue me for not paying for the next month (the period after April 20th).
According to her if we didn't have a conversation on March 19th, the contract had been extended by another month by default. And I'm supposed to pay her now.Do you agree with this statement?She also doesn't want to return me the deposit.

Unless I’m missing something, the landlady doesn’t know what she’s talking about. Quite clearly says, at the end of paragraph 3, “if and extension is required for a few days than the daily rate shall be calculated by dividing the monthly rent by 30.5 days”

If you stay an extra day, you pay one day’s rent.

I wouldn’t pay her anything other than the one day and I would point that clause in the rental agreement to her and ask you to explain how she thinks you therefore owe her one month.

Can I clarify anything else for you?

I’m happy to answer any specific points arising from this.

Please take a moment to look at the top right hand corner of the page and rate my service by clicking one of the stars at the top of the screen. It’s important you use the rating service because that gives me credit. It doesn’t just give me a pat on the head! (Although there is an incentive scheme where the more five-star ratings I get, I do actually get a pat on the head! :-)) All you need to do is press Submit. Thank you.

If you still need any point clarifying, I will still reply because the thread does not close.

Best wishes.


F E Smith and other Law Specialists are ready to help you
Customer: replied 9 months ago.
Thank you very much for your response!
It was very helpful.Kind regards,
Customer: replied 9 months ago.
Hello!I have one follow-up question:How could I "force" her to pay my deposit back?

Unless the deposit is in a statutory scheme, which there is no requirement if your tenancy is not an AST (because the landlady shares some facilities with you) then your only remedy is to take her to the Small Claims Court. If this was an AST and the deposit was in the scheme (which it has to be) you could simply file a dispute with the scheme but as there is no scheme here, your only remedy is the Small Claims Court

Customer: replied 8 months ago.
Hello,may I ask you for writing a response to her lawyer (she's sent me an e-mail that they were going to sue me)?Cheers!