in need of advice notice to quit

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  • Mrs Mug
    replied
    Originally posted by shonama View Post
    i am currently living in scotland
    In that case, I'm afraid that you will have to ignore all of the advice that we have given you, as the law in Scotland is completely different.

    You should have posted your query in the Scottish section of the forum.

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  • shonama
    replied
    Originally posted by westminster View Post
    Then I'm afraid you must ignore advice given in this thread. Landlord & tenant law is completely different in Scotland and this forum is for tenancies in England/Wales only.

    There is another section of the forum for Scottish letting questions, so please re-post there.
    oh sorry didnt realise that i would like to take this opportunity to thank you for all the help you have given in this matter

    Leave a comment:


  • westminster
    replied
    Originally posted by shonama View Post
    i am currently living in scotland
    Then I'm afraid you must ignore advice given in this thread. Landlord & tenant law is completely different in Scotland and this forum is for tenancies in England/Wales only.

    There is another section of the forum for Scottish letting questions, so please re-post there.

    Leave a comment:


  • shonama
    replied
    Originally posted by westminster View Post

    4b says nothing about giving 30 days notice.

    should a tenant leave befire the end of the lease it will be the responsibilty of the tenant to find a suitable ne trnant at least 30 days prior to moving out.<<<<<< would that not constitute 30 day notice????

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  • shonama
    replied
    Originally posted by shonama View Post
    i am currently living in scotland and my deposit was paid into management agency account and landlord account as i was allowed to pay deposit in monthly installments to a total of £650
    would like to add it is a short assured tenancy

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  • shonama
    replied
    Originally posted by westminster View Post
    A question which I should have asked before, but please confirm that this is an assured shorthold tenancy in England/Wales.

    If so, is the deposit protected in a scheme?
    i am currently living in scotland and my deposit was paid into management agency account and landlord account as i was allowed to pay deposit in monthly installments to a total of £650

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  • westminster
    replied
    A question which I should have asked before, but please confirm that this is an assured shorthold tenancy in England/Wales.

    If so, is the deposit protected in a scheme?

    Leave a comment:


  • westminster
    replied
    Originally posted by shonama View Post
    here is the exact wording of lease detail

    a)the lease will begin on 7th february 2011 for an initial period of 6 months. If the tenancy is not renewed on or before the end date of the tenancy will renew on a month to month basis until brought to an end by either party with 2 months written notice from the date of the month the tenancy started.
    Arguably, this might be attempting to create a contractual periodic tenancy following on from the fixed term (as opposed to a statutory periodic tenancy, which only arises if T remains in occupation after fixed term expiry). However, I think the fact that it says "if the tenancy is not renewed on or before the end date of the tenancy" implies that there is an 'end date'. (And subsequent clauses also reiterate this 'end date').

    In other words, you can move out on 6th August without having to give any notice.

    Return of deposit
    a) No deposit will be refunded should tenant leave during the duration of the lease unless condition 4b is satisfied.
    This is an unfair provision. If you had paid rent up to 6th August, but simply moved out before then (without finding a replacement tenant), the deposit would be refundable.

    4b) should a tenant leave befire the end of the lease it will be the responsibilty of the tenant to find a suitable ne trnant at least 30 days prior to moving out.
    Another dodgy provision. You have no 'responsibility' to find a replacement tenant. You are, however, liable for rent for the duration of the fixed term, - and if you moved out you'd continue to be liable either until the LL re-let the property or until the end of the fixed term.

    The landlord/agent must have recieved the new tenants deposit should the outgoing tenant wish a return on his/her deposit (provided the new tenant is acceptable to the landlord/agent)
    Dodgy again. The return of your deposit cannot be dependent on LL receiving a deposit from an incoming T.

    this is where i have become very confused as to what the landlord requires as if i was to find a suitable replacement tenant then this sure covers the 4b criteria so in fact would mean i only need to give 30 days notice which would therefore take me to the end of my tenancy date
    4b says nothing about giving 30 days notice.

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  • MrJohnnyB
    replied
    To be honest the wording for the clause is pretty stupid. They dont care when you phsyically leave the property, nor can they have any right to. They just care when the rent is paid up until!

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  • Mrs Mug
    replied
    Originally posted by shonama View Post
    4b) should a tenant leave befire the end of the lease
    You are not leaving before the end of the lease.

    You are leaving at the end of your lease, which is 6th August.

    Leave a comment:


  • shonama
    replied
    here is the exact wording of lease detail

    a)the lease will begin on 7th february 2011 for an initial period of 6 months. If the tenancy is not renewed on or before the end date of the tenancy will renew on a month to month basis until brought to an end by either party with 2 months written notice from the date of the month the tenancy started. As long as the tenant is residing in the property the guarantor is responsible for the tenancy agreement. if the tenant renews the lease the guarantor agreement automatically renews with it.

    Return of deposit
    a) No deposit will be refunded should tenant leave during the duration of the lease unless condition 4b is satisfied. The landlord/agent will also pursue the tenants through the courts if necessary for all outstanding rent until the property is relet if a tenant should leave before the end of the lease

    4b) should a tenant leave befire the end of the lease it will be the responsibilty of the tenant to find a suitable ne trnant at least 30 days prior to moving out. The landlord/agent must have recieved the new tenants deposit should the outgoing tenant wish a return on his/her deposit (provided the new tenant is acceptable to the landlord/agent)

    and this is where i have become very confused as to what the landlord requires as if i was to find a suitable replacement tenant then this sure covers the 4b criteria so in fact would mean i only need to give 30 days notice which would therefore take me to the end of my tenancy date

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  • shonama
    replied
    Are said agents a member of any regulatory body?[/QUOTE]


    i'n not entirely sure all i know is when i signed all paperwork an paid deposit it went to the management agency but when i comes to any problems like repairs etc i have to got through landlord (
    not that they do ever come out to do repairs when asked)

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  • westminster
    replied
    Originally posted by shonama View Post
    so when the landlords management agency said in an email and this is from email i got

    It is two months notice regardless of when your tenancy ends.


    is this in fact not true and because the tenancy is due to be renewed in august if i wish not to renew i can in theory just up and leave
    What the agency is telling you is NOT true.

    You do NOT have to give two months notice if you leave by 6th August. By vacating on or before that date, the tenancy will legally end on 6th August and you not be liable for rent after that date.

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  • MrJohnnyB
    replied
    Originally posted by Mrs Mug View Post
    You have a contract that finishes on 6th August, so you do not have to give your landlord any notice whatsoever, if you didn't want, because that is what the law says.
    Agreed, a lease cannot be open ended ie needs to be for a term certain to be a lease!

    Originally posted by shonama View Post
    so when the landlords management agency said in an email and this is from email i got

    It is two months notice regardless of when your tenancy ends.


    is this in fact not true and because the tenancy is due to be renewed in august if i wish not to renew i can in theory just up and leave
    many thanks to you all for advising
    Are said agents a member of any regulatory body? This advice is definately misleading bordering on criminal.

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  • shonama
    replied
    so when the landlords management agency said in an email and this is from email i got

    It is two months notice regardless of when your tenancy ends.


    is this in fact not true and because the tenancy is due to be renewed in august if i wish not to renew i can in theory just up and leave
    many thanks to you all for advising

    Leave a comment:

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