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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 30008
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I would need quick advice regarding my existing Exluded

Customer Question

Hi, I would need quick advice regarding my existing Exluded Licence agreement.
JA: Where are you? It matters because laws vary by location.
Customer: UK
JA: What steps have you taken so far?
Customer: nothing yet
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I am in Ascot, UK
Submitted: 12 days ago.
Category: Law
Expert:  Joshua replied 12 days ago.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

  1. May I confirm this is a residential license agreement please?
  2. when you refer to an excluded licence agreement, do you refer to a lodger agreement where you are living in the landlord's property or another arrangement?
Customer: replied 12 days ago.
hi Joshua, thank you so much. it is a lodgers agreement. I live with the landlord and share the kitchen and living room with him.
Customer: replied 12 days ago.
Sadly, I can't speak now in privacy. :(
Customer: replied 12 days ago.
i can attach my agreement and notice letter I received on the 17/11 without a reason given.
Customer: replied 12 days ago.
all I need to know if he is entitled to keep my deposit if I leave the property before the 31.12. as he stated in his notice letter.
Customer: replied 12 days ago.
File attached (37772V4)
Customer: replied 12 days ago.
File attached (LZMVGQV)
Customer: replied 12 days ago.
File attached (Q72ZL74)
Expert:  Joshua replied 12 days ago.

thank you. The licence appears to contain a minimum commitment of two months which takes you to the beginning of December. you are required to give one months notice to leave the property which notice can only be given from the day rent is payable. accordingly, if you wanted to leave at the end of November, notice should have been given no later than the last day of October. If you have any provided notice in the last day or two, that notice would be deemed served on 1 December and your liability for the licence fee would end on the last day of December.

Of course naturally, you can move out early the next but the landlord would be entitled to claim the licence fee up to the above date unless an alternative logic can be found to replace you

Customer: replied 12 days ago.
Thank you very much! So, practically if I moved out by the end of November (which I was hoping to do) he would be entitled to keep my security deposit as a cover for the due rent for the month of December. His notice letter states that he will return my deposit after my contractual obligation ends on the 31.12. Can I use this letter as a proof to claim my deposit back in case he comes up with an excuse to keep it anyway. I will pay the due rent for December off course on the 30/11 when it's due but want to have the certainty that I am covered just in case. My deposit is not protected either!
Expert:  Joshua replied 12 days ago.

if you are planning to move out, from a strategic point of view, you could consider paying the rent for December unless your deposit and say that this is in full and final settlement. you should consider documenting the condition of the room with detailed photographic evidence using a good camera or smart phone camera and ideally, as it asking to meet with the landlord to agree the condition of the room before vacating and have them sign the condition report confirming that there is no damage. either or both of these steps will make it more difficult to make a claim against you for damage at a later date

Customer: replied 12 days ago.
Thank you so much! This was the answer I was expecting. I will follow these steps and hope that I will not need to seek legal help after the 31.12. to claim my deposit back.
Expert:  Joshua replied 12 days ago.

I'm glad the above answers all your questions for now. If you have any follow up questions please revert to me.

Expert:  Joshua replied 11 days ago.

Thank you again for visiting JustAnswer and see you again in the future I hope.