Tenancy agreement wording

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Tenancy agreement wording

    Please help me.

    I have lived at my address that has a "living in Property manager" for 14 months & i get on well with my property manager.
    I have been offered a new job & we are disputing how much notice i have to give.

    I believe that it is only 2 weeks notice but she says i have to give 6 weeks.

    The wording on termination of my agreement is as follows.

    “Tenant must give 2 weeks notice if planning to vacate the property, Then will have 4 weeks to find alternative accommodation as a months rent was paid as a deposit”

    to me this says i only need to give 2 weeks notice. then i have 4 weeks to find other accomodation. but my new job comes with live in acomodation so i dont need this 4 weeks to find other accomodation.

    can i legally get my original deposit back as if i leave after 2 weeks notice?
    it is my understanding that landlords can only keep deposits if their is room damage & not as a rental fee. Is this correct.

    I say i only need to give 2 weeks, she says i need to give 6. is she just trying keep my security deposit beyond the terms of the agrement?

    someone please translate the above for me please.

    thanks.

    #2
    Originally posted by roblea View Post
    Please help me.

    I have lived at my address that has a "living in Property manager" for 14 months & i get on well with my property manager.
    I have been offered a new job & we are disputing how much notice i have to give.

    I believe that it is only 2 weeks notice but she says i have to give 6 weeks.

    The wording on termination of my agreement is as follows.

    “Tenant must give 2 weeks notice if planning to vacate the property, Then will have 4 weeks to find alternative accommodation as a months rent was paid as a deposit”

    to me this says i only need to give 2 weeks notice. then i have 4 weeks to find other accomodation. but my new job comes with live in acomodation so i dont need this 4 weeks to find other accomodation.

    can i legally get my original deposit back as if i leave after 2 weeks notice?
    it is my understanding that landlords can only keep deposits if their is room damage & not as a rental fee. Is this correct.

    I say i only need to give 2 weeks, she says i need to give 6. is she just trying keep my security deposit beyond the terms of the agrement?

    someone please translate the above for me please.

    thanks.
    Landlords can keep deposits for (within reason) whatever the agreement specifies they can keep them for. Although deposits kept in lieu of rent is fairly common.

    Was the offer of a room 1) as a perk of the job or 2) did it allow you to better perform your duties?
    [I]The opinions I give are simply my opinions and interpretations of what I have learnt, in numerous years as a property professional, I would not rely upon them without consulting with a paid advisor and providing them with all the relevant facts[I]

    Comment


      #3
      i been offered a new career opportunity 250 miles away. hence why i am leaving my current room & rental agreement.
      due to the distance of relocation accomodation automatically comes with the job

      Comment


        #4
        Oh sorry i totally misread your first post. Thought your current accomodation was work related. So effectively you were a lodger? The agreement is very confusing and particularly unclear which is something that has been quite a hot topic with unfair contract terms etc. Plainly tenants would not give notice until such time as they had normally found alternative premises, kinda defeats the whole point.

        The wording should have said either 1) 6 weeks prior written notice or 2) 2 weeks prior written notice. By the sounds of the wording for this speicific clause it probably has been written up poorly, and no doubt full of other holes?
        [I]The opinions I give are simply my opinions and interpretations of what I have learnt, in numerous years as a property professional, I would not rely upon them without consulting with a paid advisor and providing them with all the relevant facts[I]

        Comment


          #5
          It's hard to determine exactly what was intended by the wording of this notice; it almost seems to suggest the tenant should give two weeks notice that they are considering terminating their tenancy and then four weeks notice to actually vacate.


          Taken on face value, I'd say the tenant needs to give two weeks notice to vacate the property as is stated in the first part of the wording. The rest is so unclear as to its meaning that it would be, or should be, irrelevant.

          More information about the type of tenancy would be helpful
          My advice is not based on formal legal training but experience gained in 20+ years in the letting industry.

          Comment


            #6
            thanks johnny.

            So in your opinion in a yes or no answer,
            if i give 14 days notice & move out on the 15th day then can my "property manager" keep my original security deposit to cover any damages & when she realises that i left the room exactly as i moved in, with no damages, is she legally obliged to give me back my original security deposit?

            Comment


              #7
              Thanks Oaktree.

              Its not a fixed term agreement. I just pay £340 on the 28th of every month & this pays for the coming calender months rent.

              I have a live in Property manager (The mother), but the owner of the property (The daughter) lives in America.

              i been renting here for 14 months & they have found a tenant to take my room up straight away.

              Comment


                #8
                Originally posted by roblea View Post
                thanks johnny.

                So in your opinion in a yes or no answer,
                if i give 14 days notice & move out on the 15th day then can my "property manager" keep my original security deposit to cover any damages & when she realises that i left the room exactly as i moved in, with no damages, is she legally obliged to give me back my original security deposit?
                Unfortunately that is something the courts would have to decide. I am of the view that the wording is so uncertain that the 2 week rule should apply. But unfortuntely where you are a lodger there is no deposit protection thus none of those benefits, so if LL retains deposit then you maybe forced to go through the route of court application.
                [I]The opinions I give are simply my opinions and interpretations of what I have learnt, in numerous years as a property professional, I would not rely upon them without consulting with a paid advisor and providing them with all the relevant facts[I]

                Comment


                  #9
                  am i officially classed as a lodger then? I thought i was a tenant as i have signed a "tenancy agreement".

                  i have a live in property manager, the owner of the property lives in America

                  Comment


                    #10
                    Originally posted by roblea View Post
                    “Tenant must give 2 weeks notice if planning to vacate the property, Then will have 4 weeks to find alternative accommodation as a months rent was paid as a deposit”
                    Oh dear!

                    Read strictly we have to wonder if this is a provision about giving notice to end the arrangement at all. As has been pointed out, as soon as the tenant is planning to leave he has to "give notice" but it is not specified exactly what it is that he has to give notice of. Does the word "then" kick in immediately, so that the tenant has four weeks to find alternative accommodation, or when the two weeks has expired? It only says that the tenant must find alternative accommodation, not take it up.

                    If we go by the tenor of the wording I suppose we have to take it that it is a notice to quit provision and I would interpret it as a requirement to give four weeks notice. In any event not lot less than four weeks notice has to be given by law, unless the "living in Property manager" is the landlord - see section 5 of the Protection from Eviction Act 1977.

                    Comment

                    Latest Activity

                    Collapse

                    • Reply to Winter of Unpaid Bills
                      by JBJ01
                      While many on here worked their socks off for years during the day and then evenings and weekends putting their money into property, many others decided to live for the day and have total disregard for the future and what it may bring.

                      Heading off to graft on house renovations in the afternoon,...
                      11-08-2022, 05:17 AM
                    • Winter of Unpaid Bills
                      by jpucng62
                      Does anyone think their tenants are ready for the huge rises in energy bills this winter? Given that unit prices are expected to more than double from where we are now (and that is a big rise already) does anyone think tenants really have a grasp on this?

                      With mortgage rates going up fast...
                      10-08-2022, 10:50 AM
                    • Reply to Winter of Unpaid Bills
                      by SouthernDave
                      Good point...
                      10-08-2022, 19:09 PM
                    • Reply to Winter of Unpaid Bills
                      by DPT57
                      I'm more concerned at the possibility of a winter of unheated rental properties and then the tenants expecting me to deal with the resultant mold.
                      10-08-2022, 19:04 PM
                    • Reply to Dps deposit
                      by Codger
                      I think the deposit of five weeks rent is more trouble than its worth. Not taking deposits means being a bit more selective in choosing tenants.
                      Considering the value of the asset the tenants are trusted with the deposit rules are crazy. But thats only one of the red tape obstacles to being a...
                      10-08-2022, 18:22 PM
                    • Dps deposit
                      by Jm1972
                      Hi All,

                      i would be grateful if I could get some help please.

                      I got an estate agents to find me a tenant and do all the paperwork and get proof of service for everything, tenant moved in and paid deposit just over a week ago.

                      The estate agents took the deposit from...
                      08-08-2022, 22:40 PM
                    • Reply to Winter of Unpaid Bills
                      by jpkeates
                      The daft thing is that because people will owe them the money, it won't even affect the energy company profits.
                      10-08-2022, 16:52 PM
                    • Reply to Dps deposit
                      by jpkeates
                      Looking after a significant amount of someone else's money is not a trivial undertaking.

                      I spent most of my career designing and building business solutions to replace manual processes.
                      So I have a reasonable idea of what's possible.

                      There's nothing in it but downside...
                      10-08-2022, 16:50 PM
                    • Reply to Winter of Unpaid Bills
                      by Hudson01
                      As said the idea of simply not paying is in the realms of crazy. They can get a warrant and fit a pre-payment meter to the house without your consent, i understand they will not be able to do this with everyone but the message will soon go out if they target the 1st few thousand, and as said your credit...
                      10-08-2022, 16:47 PM
                    • Reply to Dps deposit
                      by gnvqsos
                      You accept and defer ,and I take the view that the DPS could set up a programme where the incoming receipt of fund(and email details) could trigger the transmission of information relating to the DPS, and its processes. It means there is one less thing to go wrong. I like an easier life and do not take...
                      10-08-2022, 16:29 PM
                    Working...
                    X