Lodger - move out date help

[Angelina]

Hi

My friend has been a lodger for the last few months and moved in on 26th May.

My friend's contract was for 6 months but she asked to leave early due to COVID and the landlord gave her the two weeks notice and agreed. She was given notice to move out by 25th September and had paid monthly on 26th.

She moved out on 26th and the landlord charged her for an extra day.

She also charged ?12 for cleaning

the landlord said she could have charged a full period of rent as she overstayed.

Who is correct? My friend wants to claim the money as this was a deduction from her deposit.

Thanks

Angie

[tllm2]

For what its worth - I think the lodger should have gone on 25/9 on the basis of both being given notice to move out BY 25/9 AND the 25/9 being the last day of her tenancy.

Still being there on 26th of the month, is the 1st day of the start of the new period/month.

[Angelina]

thanks - I actually agree but just wanted to check.

[diable rouge]

Tell you friend to try staying in a hotel for a day longer than she originally booked for without paying anything extra and see what happens...:)

[Angelina]

hahha - good point! might help me to explain it :-)

[alice]

Landlord is being mean. Unless her overstay stopped another tenant moving in or there were other issues.

[diable rouge]

The landlord has allowed the tenant to break the contract early, and also leave with just 2 week's notice, standard is a month (assuming an AST was signed). Hardly strikes me as a mean-spirited person. Again, using the hotel analogy, should a hotel let a room out for free just because they don't have another guest lined up the next day?...

[siousxiesue]

The rent was paid every 26th? I would suggest the moving out date was 25th in order to avoid payment, was this the landlady being kind because she felt bad?

Am I just being na?ve?

[Angelina]

sorry - actually, it's lodger my mum took in over lockdown. He wanted to move out early, she gave him more notice than she needed to, he wasn't happy with the dates and refused to move on time and got quite nasty. She charged him one extra day and now he's taking her to small claims court for ?30, which is a day plus cleaning (he said it was her responsibility).

I thought I might get a different response if I said it was me on the difficult end.

She could easily just give him the money but he's been threatening and quite spiteful, so we just wanted to see what other people thought.

[bobbsy]

In all honesty, if I were the landlord I'd be happy he's gone and not worry about the extra day and the cleaning.

[Angelina]

there is that, but the process has started now.

[JohnL]

Some landlords are more formal some are not but obviously it's past the leave day and the contract will say whats what.

I had Landlords who would let me get away with murder (not literally) when I rented but the same ones would also turn up out the blue to show someone around or ask for some favour (technically breaching your peace and quiet so what goes around comes around in terms of formality).

The very first landlord I had I never saw - just an agent and then only 3 times in 2 years - and it was a lovely flat in Docklands but they'd have thrown the book at me if I broke the rules. Many would prefer this arrangement.

[Angelina]

well, he's gone now which is a good thing. There are always risks you take and you can vet anyone as much as you like but time shows what people are like. She now has a surgeon staying and it's fab!

[Siduhe]

In the small claims court I would hope your mum will get a fair hearing if she explains the background to the situation and the fact that she only charged a day rather than the whole of the next month. Sounds like the lodger is being quite difficult.

[diable rouge]

Does your Mum use a formal contract?...

[Angelina]

yes - she had a lodger agreement