Lodger quitting contract-

[heebs]

Hello All

I have a Lodger who has a contract til end of Oct 2007..she has just told me she is no longer going to continue paying rent as she is leaving in 4 weeks and as i hold advance rent that should cover it.

I told her she she cant give notice as she is still in contract..and if she wants to leave early just find me a replacement...once her replacement gives me her deposit and 4 weeks rent in advance, I will refund her deposit and advance rent, but in the meantime she must continue to pay weekly rent.

The tenant refused and said she does not have to do that.

Please someone advise on my rights if she continues to stay without paying rent as her contract says if she breaks the contract or is in arrears of rent by more than 14 days she will loose her deposit.

I am a bit worried as i dont know if she can cause problems for me..but i am being very reasonable..i have told her all she has to do is to find a replacement but I have insisted that I will return her deposit and 4 weeks avdvance rent only once i receive the same from her replacement.

Please advise..i admit i am worried and am having sleepless nights over her arrogance in dictating her terms even though she is the one quitting the contract. Do I have the right to ask her to leave if she doesnt maintain her rent 4 weeks in advance as her contract states.

Thanks in advance.

[Simon Dewsberry]

Hi Heeps

You are completely correct in your thinking !

She should pay until the end of "initial term" of the conrtract regardless of whether she is in residence or not ...

You are being very nice by offering to cut the contract short on production of a new tenant (signing and paying monies)

Tell her to speak to a solicitor ar anyone who can read plain english as this is what the contract (as in legal agreement !)says....

Inform her that any default in payment will be dealt with appropiately ie given to a debt collector to persue (after 14 days if you like )

It is not your fault that the world of full of half wits, who do not understand that they have signed a legal agreement.

Had to settle an arguement between a Tenant an LL yesterday where a T decided to move out last weekend with no notice whatsover and was livid that

she would have to pay a further months rent to pay as she did not inform her LL that she was going, until she had gone !!!!!!!!!!!!

Even after she understood that one must give notice the arguement changed to the fact that it was the LL's fault that she(the T) couldn't be bothered to

read the AST ................(this was after the initial 6 months were up ....in fact 5 years afterwards ....a good relationship gone very sour very

quickly ...as so often happens ....

The Bond (to the best of my Knowledge cannot "just be taken" )you will need to financially justify all of it to keep it - but in the light that she doesn't look like she is going to cover the shortfall you will probably be justified in keeping it !

As for finding a suitable replacement you are entitled to charge her the cost of finding such..

I would demand rent payment as bond is bond -rent is rent - bond is to cover damages, and costs o/s monies etc NOT pay rent !(Legally that is !)

Market the prop ASAP and hopefully fillit quickly - ie the day she plans to leave !

I'm sure more advice will appear on here very soon !!!!!

Simon

PS Just reread your post and noticed the word "lodger" which could change things somewhat ! you will need to check the wording of your agreement to see if the above applies !

[Melboy]

If it is a Lodger and not a Tenant on a AST Contract then you have a whole new scenario to deal with.

[GPEL]

If it's a lodger not a tenant on the contract, you still have a contract but not covered under the Housing Act.