Advise on notice after AST has ended

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  • Advise on notice after AST has ended

    Hello,

    i'm looking for advise on leaving after my L has given notice.

    heres the situation, my landload has given me notice ending in january 2010. i have found a new place to live and could move in within two weeks.

    i informed my landlord of this and he seemd fine. he then phoned back and said that as i didnt give him 1 months notice of leaving he will take deposit as rent for that month after we leave...... can he do that?

    utlimatly, if L has issued 2 months notice, does T still have to give 1 months notice? please reply ASAP this i v urgent, i need deposit for the new house.

  • #2
    We need to know:
    a. the date when your AST began;
    b. its fixed term;
    c. what form of Notioce L served; and
    d. the date of service.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


    • #3
      Hi Jeffery

      the AST started on 22/02/07

      the term was for 6 months

      notice was server 11/10/09 - noticed ends 11/1/10


      thanks

      Comment


      • #4
        Originally posted by miniminsh View Post
        Hi JeffREy

        the AST started on 22/02/07

        the term was for 6 months

        notice was server 11/10/09 - noticed ends 11/1/10


        thanks
        Notice under s.21(4)((a) has to run to a tenancy period end. If rent was due monthly in advance during fixed term, i.e. on 22nd of each month:
        a. the SPT's periods run 22nd to 21st;
        b. each ends on 21st;
        c. the Notice has to as well;
        d. your L's does not; so
        e. it's invalid.
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment


        • #5
          Originally posted by miniminsh View Post
          Hello,

          i'm looking for advise on leaving after my L has given notice.

          heres the situation, my landload has given me notice ending in january 2010. i have found a new place to live and could move in within two weeks.

          i informed my landlord of this and he seemd fine. he then phoned back and said that as i didnt give him 1 months notice of leaving he will take deposit as rent for that month after we leave...... can he do that?

          utlimatly, if L has issued 2 months notice, does T still have to give 1 months notice? please reply ASAP this i v urgent, i need deposit for the new house.
          As jeffrey says, the notice your LL has given you is invalid.

          But you still need to give notice if you want to end the tenancy. The notice must be at least 1 month and expire on the 21st of the month. So, if you gave notice TODAY, 20th October 2009, the notice would have to expire on 21st November. You will be liable for rent up to that date.

          Post the notice to the LL today and send by "Next Day" service. Send another copy first class with a free certificate of posting. Keep a copy of the letter and the two proofs of postage (you may need to prove you gave notice).

          Don't delay. If you leave it even a few more days, it would make you liable for a further month's rent. e.g. if you send notice to quit this Friday 23rd October, the notice would have to expire on 21st December.

          Comment


          • #6
            Westminster, I may be wrong, but does T's notice not have to cover at least one (monthly) rental period?

            I.e. served on or before the 21st to expire on the 21st of the next month?

            Comment


            • #7
              Originally posted by dominic View Post
              Westminster, I may be wrong, but does T's notice not have to cover at least one (monthly) rental period?

              I.e. served on or before the 21st to expire on the 21st of the next month?
              Yes, at least one month. But 21st - 21st is one month and one day.

              The periods are 22nd - 21st so if OP wants to end tenancy ASAP the notice has to arrive before the 22nd October (to be on the safe side).

              Comment


              • #8
                Hi Everyone,

                thanks for all the replys. so let me clear it up.

                1. my land lords notice is invalid.

                He seems to be a young guy playing landlord (never had an inspection for 3 years, and had to arange my own gas checks)


                2. for me to not incure any loss of my deposit i should give him one months notice (i did this last night), pay for my months rent and then end the tennency ligitimatly.


                i guess if he still wants to be an ar$3 i can inform him his notice is'nt legit and he will have to server a proper one giving me more time.


                again. thanks for your help. and sorry for the spelling mistakes

                Comment


                • #9
                  Originally posted by miniminsh View Post
                  Hi Everyone,

                  thanks for all the replys. so let me clear it up.

                  1. my land lords notice is invalid.
                  Yes, LL's notice is invalid.


                  2. for me to not incure any loss of my deposit i should give him one months notice (i did this last night), pay for my months rent and then end the tennency ligitimatly.
                  Yes, so long as LL receives the notice by today (or tomorrow morning at the very latest) and the notice expires on 21st November, and you move out on or before this date -then the tenancy will end, and you will only be liable for rent up to 21st November.

                  Is the deposit protected in a scheme?

                  Comment

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