How much notice must I give my landlord?

garz20

hi, i started renting a room in a house about a month ago and planed to stay there for a few months due to being in college but now circumstances have changed and i want to move out, i was just wondering about the notice i must give if any, as i signed no lease or contract and i was told i was'nt registered, i pay on a weekly basis, and also i dont get receipts of rent paid or have a rent book? also the landlord said i must give a month notice or i loose my deposit, is this right????any advice would be greatly appreciated thanks.

the_syco

garz20 wrote: »

i was told i was'nt registered, i pay on a weekly basis, and also i dont get receipts of rent paid or have a rent book? also the landlord said i must give a month notice or i loose my deposit, is this right????any advice would be greatly appreciated thanks.

How many weeks is your deposit worth, and are you a 1st year?

D3PO

garz20 wrote: »

hi, i started renting a room in a house about a month ago and planed to stay there for a few months due to being in college but now circumstances have changed and i want to move out, i was just wondering about the notice i must give if any, as i signed no lease or contract and i was told i was'nt registered, i pay on a weekly basis, and also i dont get receipts of rent paid or have a rent book? also the landlord said i must give a month notice or i loose my deposit, is this right????any advice would be greatly appreciated thanks.

your renting a room you are therefore living under license and not covered under the protections of the RTA 2004 as a tenant. So the LL does not have to register you.

Your not entitled to a rent book, nor does the LL have to provide you reciepts legally (althought would make more sense for both of you)

Normally this works in that you would provide the same level of notice as the period of payment i,.e pay weekly have to give a weeks notice pay monthly a months etc however there is no law saying this must be the case.

If you agreed at the start to give a months notice then yes you have to give a months notice. If you didnt agree to any notice period then your equally going to have to see out the months notice as you cannot take a case to the PRTB.

Essentially see out the months notice then move.

quietsailor

D3PO wrote: »

your renting a room you are therefore living under license and not covered under the protections of the RTA 2004 as a tenant. So the LL does not have to register you.


Normally this works in that you would provide the same level of notice as the period of payment i,.e pay weekly have to give a weeks notice pay monthly a months etc however there is no law saying this must be the case.

If you agreed at the start to give a months notice then yes you have to give a months notice. If you didnt agree to any notice period then your equally going to have to see out the months notice as you cannot take a case to the PRTB.

Essentially see out the months notice then move.

OP you need to clear up if your living in the house with the LL or just renting a room in a house with others.

If the LL is living there then the bold bit above is correct - your a licencee and can't use the PRTB or any of it's rules

if your renting a room and the LL doesn't live there the rest of the quote above applies - the norm in this situation is that whatever frequency - weekly, fortnightly, monthly that you pay rent is the usual notice period

D3PO

quietsailor wrote: »

OP you need to clear up if your living in the house with the LL or just renting a room in a house with others.

If the LL is living there then the bold bit above is correct - your a licencee and can't use the PRTB or any of it's rules

if your renting a room and the LL doesn't live there the rest of the quote above applies - the norm in this situation is that whatever frequency - weekly, fortnightly, monthly that you pay rent is the usual notice period

Not technically correct. Even if the LL isnt living there if the tenant is renting a room subletted to them they are still a licencee and are not covered under the RTA protections.

murphaph

D3PO wrote: »

Not technically correct. Even if the LL isnt living there if the tenant is renting a room subletted to them they are still a licencee and are not covered under the RTA protections.

But the OP's landlord (while not head landlord) would have to be living there at least, or the PRTB rules apply I would have thought? Maybe a bit of a grey area?

D3PO

murphaph wrote: »

But the OP's landlord (while not head landlord) would have to be living there at least, or the PRTB rules apply I would have thought? Maybe a bit of a grey area?

Unless covered by a rental agreement or lease then they would be a licencee. Given the OP says they are renting a room the head landlord as you put it must be living there ?

Maybe the OP just hasnt been clear but from what they have written very much sounds like a licencee

djimi

D3PO wrote: »

Unless covered by a rental agreement or lease then they would be a licencee. Given the OP says they are renting a room the head landlord as you put it must be living there ?

Maybe the OP just hasnt been clear but from what they have written very much sounds like a licencee

Not necessarily. The landlord could be renting a property by the room but not living there themselves, which would mean that anyone living there would be a tenant, even if they do not have a fixed term lease. Part 4 tenancy and PRTB would apply in this case.

D3PO

djimi wrote: »

Not necessarily. The landlord could be renting a property by the room but not living there themselves, which would mean that anyone living there would be a tenant, even if they do not have a fixed term lease. Part 4 tenancy and PRTB would apply in this case.

I could be mistaken but if they are renting by the room they are still not covered under the provisions of the RTA. Pretty sure they arent.

djimi

D3PO wrote: »

I could be mistaken but if they are renting by the room they are still not covered under the provisions of the RTA. Pretty sure they arent.

It is my understanding that you are only a licensee if you live with the landlord, a direct family member of the landlord or the person from whom you are subletting. In the case wheretthe landlord is renting rooms in a property but not living there the occupants are tenants and are covered by the RTA. I may have that wrong though but I'm pretty certain it's what I have read.

odds_on

A licensee is a person who occupies accommodation under licence. Licensees can arise in all sorts of accommodation but most commonly in the following four areas;
(b) persons staying in hotels, guest houses, hostels, etc.,
(b) persons sharing a house/apartment with its owner e.g. under the ‘rent a room’ scheme or ‘in digs’,
(c) persons occupying accommodation in which the owner is not resident under a formal licence arrangement with the owner where the occupants are not entitled to its exclusive use and the owner has continuing access to the accommodation and/or can move around or change the occupants,
(d) persons staying in rented accommodation at the invitation of the tenant.

The provisions of the Residential Tenancies Act 2004 do not apply to the first three categories.
Although most of the Act does not apply to the fourth category. A licensee of a tenant must comply with all the tenant's obligations and the tenant, as the licensee's landlord is responsible for his licensee's actions.
Furthermore, during the existence of a Part 4 tenancy any lawful licensee of the tenant/s may request the landlord to be allowed to become a tenant of the tenancy. The landlord may not unreasonably refuse such a request and must give his/her acceptance in writing.

djimi

Fair enough; I must have understood it wrong.

D3PO

cheers odds on. Was looking for that text myself but couldnt find it. Thought I was correct.

odds_on

D3PO wrote: »

cheers odds on. Was looking for that text myself but couldnt find it. Thought I was correct.

You're welcome.

But the OP has not yet confirmed his situation - licensee or tenant.

garz20

4 weeks deposit, no in college as part of an apprenticeship!

garz20

cheers for all the replies, im living in the house with 3 other students of which 1 is the landlords daughter ,and two days ago since i asked to move out the daughter quickly moved out which was very strange and her phone is turned off, ive always dealt with her so i dunno what to do next, or who to even talk to, to try sort something out, if i stay another 4 weeks in the house just for the deposit, it wont be of any benefit to me as i still have to pay 4 more weeks rent, since they treat ppl lik this i was wondering did i have any grounds to stand on, but from wat i get from wat ye said i guess i dont....

odds_on

garz20 wrote: »

cheers for all the replies, im living in the house with 3 other students of which 1 is the landlords daughter ,and two days ago since i asked to move out the daughter quickly moved out which was very strange and her phone is turned off, ive always dealt with her so i dunno what to do next, or who to even talk to, to try sort something out, if i stay another 4 weeks in the house just for the deposit, it wont be of any benefit to me as i still have to pay 4 more weeks rent, since they treat ppl lik this i was wondering did i have any grounds to stand on, but from wat i get from wat ye said i guess i dont....

You definitely do seem to be a licensee and your agreement was one month's notice. so you're stuck with that.

I imagine that she has temporarily moved out because she doesn't want to be hassled by you. She may feel harassed, threatened and insecure in HER own home.

And now, she has to advertise for another lodger after just a few weeks.

If you had had a fixed term lease, you wouldn't have been able to get out so easily - if you didn't find a new tenant to move in and pay the costs of doing so, you could have been stuck there for a much longer time. If you had just moved out you would also have lost your deposit.

If you has been on a Part 4 tenancy, you would still have to have given 28 days written notice to have your deposit returned.

So, all in all, there is little difference - one month as opposed to 28 days.

D3PO

garz20 wrote: »

cheers for all the replies, im living in the house with 3 other students of which 1 is the landlords daughter ,and two days ago since i asked to move out the daughter quickly moved out which was very strange and her phone is turned off, ive always dealt with her so i dunno what to do next, or who to even talk to, to try sort something out, if i stay another 4 weeks in the house just for the deposit, it wont be of any benefit to me as i still have to pay 4 more weeks rent, since they treat ppl lik this i was wondering did i have any grounds to stand on, but from wat i get from wat ye said i guess i dont....

you dont have any grounds to stand on. As for them treating people like this. People in glass houses shouldnt throw stones. Moving in somewhere then looking to move out a month later isnt something a good tenant would do.

Maybe you need to look at your own behaviour before you critisise others

garz20

D3PO wrote: »

you dont have any grounds to stand on. As for them treating people like this. People in glass houses shouldnt throw stones. Moving in somewhere then looking to move out a month later isnt something a good tenant would do.

Maybe you need to look at your own behaviour before you critisise others

i c, but one of the few reasons i wanted to move out was her mother used stay with her daughter a few nights here and there which i didnt mind only she used to be teln us wat to do, lik we cant have people over having a few drinks and teln us turn down the radio and stuff which wouldnt even be loud and other things a mother does, so dats why i wanted to move out, i no i sound childish but if i wanted that i could just move back home

petethebrick

garz20 wrote: »

cheers for all the replies, im living in the house with 3 other students of which 1 is the landlords daughter ,and two days ago since i asked to move out the daughter quickly moved out which was very strange and her phone is turned off, ive always dealt with her so i dunno what to do next, or who to even talk to, to try sort something out, if i stay another 4 weeks in the house just for the deposit, it wont be of any benefit to me as i still have to pay 4 more weeks rent, since they treat ppl lik this i was wondering did i have any grounds to stand on, but from wat i get from wat ye said i guess i dont....

Just tell the landlord to keep your deposit and use it as rent for the next four weeks.

garz20

odds_on wrote: »

You definitely do seem to be a licensee and your agreement was one month's notice. so you're stuck with that.

I imagine that she has temporarily moved out because she doesn't want to be hassled by you. She may feel harassed, threatened and insecure in HER own home.

And now, she has to advertise for another lodger after just a few weeks.

If you had had a fixed term lease, you wouldn't have been able to get out so easily - if you didn't find a new tenant to move in and pay the costs of doing so, you could have been stuck there for a much longer time. If you had just moved out you would also have lost your deposit.

If you has been on a Part 4 tenancy, you would still have to have given 28 days written notice to have your deposit returned.

So, all in all, there is little difference - one month as opposed to 28 days.

no all i said to her was i want to move out and she said she needs a month notice or if i want to leave now i can but i loose my deposit and dat was the conversation so she couldnt feel harassed, threatened and insecure i said nothing else to her as i didnt no how much notice n all that thats why i asked the question , thanks for the advice and help anyway

djimi

garz20 wrote: »

i c, but one of the few reasons i wanted to move out was her mother used stay with her daughter a few nights here and there which i didnt mind only she used to be teln us wat to do, lik we cant have people over having a few drinks and teln us turn down the radio and stuff which wouldnt even be loud and other things a mother does, so dats why i wanted to move out, i no i sound childish but if i wanted that i could just move back home

Id want out of there in that case also...

garz20

petethebrick wrote: »

Just tell the landlord to keep your deposit and use it as rent for the next four weeks.

ya but i dont think ur allowed do that

odds_on

garz20 wrote: »

no all i said to her was i want to move out and she said she needs a month notice or if i want to leave now i can but i loose my deposit and dat was the conversation so she couldnt feel harassed, threatened and insecure i said nothing else to her as i didnt no how much notice n all that thats why i asked the question , thanks for the advice and help anyway

Originally Posted by garz20
i c, but one of the few reasons i wanted to move out was her mother used stay with her daughter a few nights here and there which i didnt mind only she used to be teln us wat to do, lik we cant have people over having a few drinks and teln us turn down the radio and stuff which wouldnt even be loud and other things a mother does, so dats why i wanted to move out, i no i sound childish but if i wanted that i could just move back home

You are living in some one else's home. The mother is absolutely entitled to stay with her daughter any time she likes - whether you mind or not - but you want to have friends in for a drink in her home and she says you can't.

You have to understand the situation when renting a room in some one's home - it is not a go as you please affair. The owner makes the rules and if you don't like them you leave (giving the correct notice required). As a licensee / lodger you have virtually no rights whatsoever. No part of the property is for your use exclusively and the landlord could, if s/he wanted (especially if s/he feels threatened) get you to leave immediately. S/he would be entitled to lock you out.

And as a point of fact, I, myself, am renting a room as a licensee/lodger and living with the owner - I have no problem that it is his home, and I conduct myself in such a manner as I would hope he would if he were living in my home. For example, I have respect for him as he works late hours and I am careful not to make much noise in the mornings when I am up and he is still in bed. I also have a TV in my bedroom and always ensure that it is not loud enough to be heard outside the room.

Furthermore, our agreement is verbal with one month's notice in spite of the fact that my knowledge of landlord and tenant /licensee law is by far greater than his.

If you want a place where you can do your own thing, then rent as a tenant, but it will cost you more for what you get and you will actually be restricted to many more rules and regulations than as a licensee.