My lodger has just left without giving any notice.

She signed a lodger agreement stating that she must give 2 months notice for an early termination of the 12 month term.

I still hold the deposit and she paid 1 months rent (still 1 week remaining of it). Am I allowed to ask her for 2 more months rent?

If I don't return the deposit then that covers next months rent, but I am still 1 month short of the term due to the 2 months notice.

My guess is that, as a lodger, they did not have to give any notice and you owe her one weeks rent and the deposit.

Even if she has signed an agreement stating that she is required to give notice? I don't see the point in having an agreement if it can be broken just like that.

Count yourself lucky. You have done well out of it and she doesn't owe you anything more. Two months notice for a lodger not heard of that one before.

I was going to type out an answer but re-reading it you just seem to be slightly grasping.

You got out a month's rent ahead, be glad for that.

OK, thanks for the help. This is my first time having a lodger and I'm still learning all the legal aspects. I don't want to try and take anything that isn't owed to me, I apologise for my ignorance.

I still don't understand why the lodger form (it is one I bought in a lodger forms pack) allows me to ask for a period of notice, yet the lodger can leave without giving any notice and isn't due to pay any rent after that time.

anyone can do anything they like, its a dog eat dog world... Lucky escape, change locks if required, your not going to get get extra money unless you go through the small claims court/bailiffs, is it worth the hastel, you should be able to get a new lodger within a couple of weeks?

As you have a contract with her you can take her to the county court for the remaining months rent as she broke said contract. Makes no difference that she is a lodger she still agreed to certian things, as did you.

It all depends on if you think its worth the hassel for 1 months rent?

Just because a term is in a contract, it doesn't make it enforceable.

County court also lays room for a counter claim. Also if the term is not enforceable (they are a lodger and not a tenant, so it's on licence) then the costs will go to you.

You also wonder about someone who would bring this for a lodger's agreement.

You would be better to look on one of the landlord forums for this type of query. They have tens of thousands of posts of similiar problems. This site is for the homeless, tenants and lodgers

Actually its not even a licence, as a license would give the arrangement some legal recognition which is not the case here. In this kind of arrangement there is no set notice period like there would be with an AST, there is just the "common law" reasonable notice. The reasonable notice in this case has been decided by the posterposter wish to take the ex lodger to court.

Your comment about "unfair terms" is a bit of a nonsense really, this is just a written common law agreement between two people not an AST or such like.