Amount of Notice to give...

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    Amount of Notice to give...

    Hi All,

    Me & my gf were renting a property from a Letting agency for initially 6 months & then took up the option of a further 6 months. The lease expired yesterday and we had moved out at the weekend & I dropped the keys in to the agents yesterday. We cleaned the house from top to bottom and had the carpets professionaly cleaned.

    The Letting agent is now saying that we will not get our deposit back as we had to give one months notice. They did contact us mid July to ask if we were renewing the lease and we said no.

    If the contract was for 12 months we can leave at the end of the 12 months and not have to pay for month 13?

    Any help much appriciated.

    Thanks

    #2
    What does your AST say regarding notice?
    Any information or opinion given in this post is based only on my personal experience, what I have learned from this, other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person. E&OE

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      #3
      If you signed a brand new lease after six months then you had a further six month's fixed period and did not need to give one month's notice. You are free to leave at the end of the fixed term.

      If your original contract was for 12 months then you can leave at the end of the fixed period without notice.

      If your original contract was for 6 months and you didn't sign a new contract and the contract became a stautory periodic tenancy (ie "rollover" ) you would have been out of the fixed period and would have had to give one month's notice.

      Which one were you? It's not clear from your posting.

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        #4
        It was a 12 month fixed term contract. I spoke to the letting agent and she said we had to give 2 months written notice, we wrote to them 15th July so they are stating 15th September although the contract ended on 2nd August.
        Are we going to have to pay rent until the 15th september?

        Also they are stating that after the outgoing inventory is done we will get the deposit back 21 days later?

        Im very confused!!

        Comment


          #5
          Originally posted by SlyLad82
          It was a 12 month fixed term contract. I spoke to the letting agent and she said we had to give 2 months written notice
          You still haven't told us what the agreement says about notice, but if it says that 2 months written notice is required to leave at the end of the fixed term, then I'm pretty sure that would be construed as an Unfair Term and as such unenforceable, so you'd be able to sue for the extra months' rent in the small claims court. Of course the agent wants to know 2 months in advance to give them adequate time to relet the place. See what others say here.

          Originally posted by SlyLad82
          Also they are stating that after the outgoing inventory is done we will get the deposit back 21 days later?
          Well, a bit slow maybe, but if I were you I'd let that one go and concentrate on the bigger picture. And you might find yourself contesting the amount of the deposit returned, which is a more important issue than the timing.

          Comment


            #6
            As per my answer below, the tenant does not have to give notice to leave at the end of the fixed period.

            End of story.

            Politely inform the agent of this fact, also that you will not be paying any further rent after 2nd August.

            If they try to charge you for this extra rent or make any unauthorized stoppages from the deposit then sue the landlord.

            Deposits should be returned within a reasonable time (usually 2 weeks).

            Write to them and tell them if you don't get your money within 14 days you will will sue the landlord.

            Comment


              #7
              [QUOTE=Ericthelobster]You still haven't told us what the agreement says about notice, but if it says that 2 months written notice is required to leave at the end of the fixed term, then I'm pretty sure that would be construed as an Unfair Term and as such unenforceable, so you'd be able to sue for the extra months' rent in the small claims court. Of course the agent wants to know 2 months in advance to give them adequate time to relet the place. See what others say here.

              Thanks for the advice eric, I had a look at the agreement a while ago & im pretty sure it doesnt say anything about notice to be given at the end of the agreement. I will look again tonight to clarify.

              Comment


                #8
                Its the agent that's confused .. its the LL that has to give 2 months statutory notice not you !! You didn't have to give any notice at all during the fixed period and could have left on 2nd August.

                Not sure how you stand now though. Perhaps someone else can clarify?

                As far as the inventory is concerned DO try and be there when it's carried out (apparently there is no legal obligation for you to be present, which I personally think is ridiculous) & get a copy of the agreed inventory. 21 days apparently is reasonable.
                Any information or opinion given in this post is based only on my personal experience, what I have learned from this, other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person. E&OE

                Comment

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