Notice at the end of fixed term AST

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  • MdeB
    replied
    Originally posted by Dibb View Post
    I expected that the claim would be itemised on the scheme website but this isn't the case.
    I think you should be able to register a dispute on-line.

    Look at their terms and conditions for the process.

    If it is not clear, or appears not to be being followed, then phone them to ask.

    Leave a comment:


  • Dibb
    replied
    They have made a claim for a full months rent and a slight cleaning issue (£25) that I think I would contest at the same time.

    I expected that the claim would be itemised on the scheme website but this isn't the case.

    Leave a comment:


  • jpkeates
    replied
    The first thing to do is to see if they've made a claim on the deposit at all.

    Log into the scheme where the deposit is held and see what the status is.

    Leave a comment:


  • Dibb
    replied
    Thank you for the advice Jpkeates it is much appreciated and I am going to put a claim in though my deposit company (The Deposit Protection Scheme).

    What kind of evidence should I collect and are there any guides available to help?

    Thanks again.

    Leave a comment:


  • jpkeates
    replied
    Originally posted by Self sufficient View Post
    Unfortunately there is no source which confirm it unambiguously as being illegal.
    That's because it isn't illegal.

    Leave a comment:


  • DPT57
    replied
    Originally posted by Self sufficient View Post
    the letting agent must be penalized for unilaterally promulgating an illegal practice.
    It may be sharp practice if the landlord/agent knows the term is likely to be unenforceable, but its not illegal

    Leave a comment:


  • Self sufficient
    replied
    If there is no statutory requirement or enforcement where someone has to serve the prior notice even when leaving at the end of fixed term then the letting agent must be penalized for unilaterally promulgating an illegal practice. Unfortunately there is no source which confirm it unambiguously as being illegal.

    Leave a comment:


  • jpkeates
    replied
    Just dispute the deduction and I'm confident that you will win.

    The fixed-term tenancy ended on 20th June and you are entitled to leave on that date regardless of not having given notice.

    Even if the term were enforceable (and isn't unfair), and you turned out to be in breach of it, the landlord would only be entitled to compensation for their loss and there isn't any.
    And it isn't enforceable and is probably simply unfair.

    And the landlord/agent can't have it both ways.
    They've retaken possession of the property (and done an inventory and requested something from the deposit so they acknowledge that the tenancy has ended) so they're not entitled to receive further rent.

    They can't claim it as rent, they can't claim it as a fee in lieu of notice, they're just trying it on.
    I'd sort this out with the deposit company (which will take ages BTW) and I'd also report them to trading standards.

    Leave a comment:


  • ash72
    replied
    You don’t need to give notice to say you’II be leaving on the last day of your fixed term, unless your tenancy agreement says you have to, does it?

    For future you should always try and get things in writing. I've talked with a number of agents who really don't know what they are talking about. You can always dispute the claim with the DPS, who will then go through arbitration process.

    Leave a comment:


  • Dibb
    started a topic Notice at the end of fixed term AST

    Notice at the end of fixed term AST

    Hi,

    I am having problems with my Letting Agent and have been in touch with Shelter but would also really appreciate some more advice before I go any further.

    Brief
    • I had been renting a flat in Preston with myself as the sole tenant/occupant from 21st June 2019 to 20th June 2020.
    • The contract is a fixed term of 12 months.
    • I rang up twice before the tenancy ended. The first time I asked to confirm the end date which was stated as 20th June 2020 and said I would be leaving then. The second time I rang to ask if there was anything I needed to do before the end and was told nothing other than to hand my keys in on the last day.
    • On the 19th June 2020 I visited the Agent in person to ask what time I needed to leave by and I was told that because I had not given the notice in writing I could not end my tenancy until 20th July 2020 and would have to continue paying my rent until then.
    • I visited again on 20th June 2020 to hand the keys back and told them that my understanding of the contract was that it ended on this day. I signed a Tenant Vacation form and left the property in good condition. (As an aside the vacation form had a £50 checkout fee listed which I asked to be crossed out before I would sign).
    • A few days later I received the inventory from the Agent and was told that they had contacted DPS to claim 1 months rent from my deposit (£525 from £625).
    • I contacted Shelter who read my TA and advised my that according to case law it would be deemed ad unfair and as such the notice term in un enforceable.
    • Shelter helped me draft a letter which explained the reason why the TA is unfair and asked for the deposit to be returned in full. It also asked for written evidence as to why when I rang up to advice the Agent I was leaving the property I was told that there was nothing further to be done on my part.
    • Today I received an email quoting the TA notice period and saying that they still require 1 months rent but not acknowledging any thing else in my previous email.

    Sorry if that is a lot of information! Shelter had advised me when I contacted them that I could take the issue up with the ADR if the agent wasn't cooperative. However, they could not say how successful this would be and so I was wondering if anyone had some experience in this situation and could help me on what to do next?

    Extracts from AST
    • Term : "12 months certain commencing on 21 June 2019 and ending 20th June 2020 and any period of holding over or extension or continuance by statute or common law".
    • Notice: "Should the tenant wish to leave at the end of the fixed period the tenant has to give the Agent at least 1 months' notice from the rents due date (example if your rent starts on the 10th of a month your notice should be given before the 10th to leave the month after the 10th) The notice must be in writing can only expire at the end of the fixed period of 6 Months or during the periodic status, thereafter, expiring 20th December 2019 of the month when the Tenant wished to end the Tenancy. Such notice must be delivered or posted to the Agents address."
    Questions

    Q1 – Where is the rented property located (England / Wales / Scotland / N Ireland)?
    England

    Q2 – What type of Tenancy Agreement (TA) is this e.g. sole tenant / multiple tenant / room only?
    Sole

    Q3 – What date did current TA start dd/mm/yy?
    20 June 2019

    Q4 – How long was initial fixed term (6/12/24 months / other)?
    12 months

    Q5 – Does the TA state that rent is due weekly? / 4-weekly? / per calendar month (if so, on what same date each month)?
    PCM

    Q6 – Did the TA require a tenant damage deposit to be paid? If so, on what date was this paid (dd/mm/yy)?
    £625 paid 21st June 2019

    Q7 – If your query relates to a notice for repossession from the landlord (a Section 8 or Section 21 notice) or a tenants's notice to quit to the landlord, please provide the exact date the notice was sent/received (dd/mm/yy).

    Q8 – Does the landlord live in the same property as the tenant?
    No




    Thank you in advance and if there is anything else I need to provide (emails etc) let me know.

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