Notice to leave

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  • Notice to leave

    Hi there.

    I moved into my present property in nov 2010 it was on a 12 month basis. i asked my landlard for a section 21 2 weeks ago as i sourced a new property with the council today she gives me a letter giving me one months notice. this is unlawful if i understand it correctly and ideally it should be 2 months notice.

    when i signed for the property i was never asked for a bond however 2 weeks later she asked for a bond failure to pay this bond and I would have found myself looking for somewhere else to live so i paid it.

    She never placed this money in a scheme and now im asking to leave shes stating i have to pay for carpets and decorating however the previous tenant caused the problems in this house I have cleaned the property up out of my own money.

    She is now refusing to pay back the bond and when i mentioned a letter before action so told me she would seek legal advice. tenancy agreement does not state any notice requirement.

    Can i leave this property with 2 weeks notice or do i have to by law provide 4 weeks.

    im currenly getting an overlay payment from the housing department which means rent is being paid on 2 properties because im unable to move into my new property until i get the bond back however landlady is stating i never gave her a bond then on the other hand stating she is keeping it to cover damages.

    i have searched the internet and its been broughjt to my attention because this money was never placed in a bond scheme then she has no legal right to keep this is this correct.

    any advice would be appreciated please, i dont really apprciated her swaaring at me down the phone. I shall be going to a advice center on monday to start the ball rolling and trying to get back this money.

  • #2
    By law you have to provide 1 months notice, and that notice must expire on the last day of a tenancy period.

    Do you have a receipt for the bond, or any proof that you paid it?

    You can sue for the bond through www.moneyclaim.gov.uk - and your landlord can counterclaim for any damages. You can prove you paid the bond - I wonder if the landlady would be able to prove her claims?

    Comment


    • #3
      I have the bank transfer statement from the time i sent the money, i copied it as i knew i would need it at some point.

      landlady also did not do any kind of inventory so its again my understanding that money for damages could not be taken from this money.

      Also i read that general wear and tear cannot be claimed for, carpets do come clean with a cleaner, i know this because i myself had to clean them when i moved in.

      the letter asking me to leave is in handwriting, it was dated yesterday and hand delivered today it gives me until 29th October to vacate stating i must vacate on this date?

      I asked for a section 21 as i understand it this is a order for possesion and as such i could vacate the property at anytime upto the order end date, and that i would only be liabale for rent until i moved out is this correct.

      Comment


      • #4
        Bank transfer - good

        lack of inventory - good

        Wear & Tear - correct

        Letter asking to vacate has no legal effect whatsoever so long a landlord does not live in the same building.

        A section 21 IS NOT an order for possession, and it does not take away your obligation to give notice. All the s21 does is tell you that after the expiry date (2 months min) the landlord can apply to the court for possession - you don't have to go anywhere until she gets a court order and the bailiffs enforce it.

        Lack of inventory means the landlords claim is almost certainly bound to fail - but cleanliness is not related to fair wear and tear.

        This may get your deposit back more speedily - but read the notes: http://tenancyanswers.ucoz.com/index..._protected/0-4

        Comment


        • #5
          landladys husband has just contacted me hes going to call round on monday and show me the said damage to the property that should be interesting thanks for the link i shall make the most of that template and send her a copy first thing monday morning...

          Comment


          • #6
            Originally posted by Randomlyness View Post
            I moved into my present property in nov 2010 it was on a 12 month basis.
            What was start date of the tenancy agreement, dd/mm/yy?
            Did the agreement have an end date? If yes, dd/mm/yy?

            Comment


            • #7
              start date was 11th nov 2011 for 12 months no end date but be given notcied to leave 29th october.

              Comment


              • #8
                (presuming you meant 11th nov 2010)

                In addition to my comment above, you can leave on 10th November without notice and no further liability for rent. Despite the s21 you CAN NOT leave before that date anyway - even if you give a months notice.

                If the landlady offers you an earlier date, and you WANT to accept it, get it in writing including the fact that you will not be liable for rent beyond that date.

                Comment


                • #9
                  Originally posted by Randomlyness View Post
                  start date was 11th nov 2011 for 12 months no end date but be given notcied to leave 29th october.
                  The notice served on you on 30th September is invalid because:

                  1. It gives less than two months' notice.
                  2. The deposit was not protected at the time of service.

                  I asked for a section 21 as i understand it this is a order for possesion and as such i could vacate the property at anytime upto the order end date, and that i would only be liable for rent until i moved out is this correct.
                  No, not correct.

                  Even if the LL does eventually serve a valid s.21 notice, it's only effect is to allow the LL to apply for a possession order after the notice expires. A s.21 notice is not 'an order for possession' (only a court can make a possession order), and it does not end the tenancy. If you vacate during the notice period, this will not, in itself, end the tenancy nor your liability for rent.

                  The fixed term tenancy ends on 10th November 2011. If you wish to, you may vacate on or before this date and the tenancy and your liability for rent will end on 10th November. You are not obliged to give any notice.

                  However, if you don't vacate and are in occupation at fixed term expiry, then a statutory periodic tenancy will arise on 11th November 2011. If rent is payable monthly, then the tenancy periods will run 11th -10th. As of 11th November 2011, if you wish to end the tenancy, you must serve notice to quit giving LL at least one month and also expiring on the 10th of the month. The tenancy will end at expiry of your notice, and, assuming you also vacate, your liability for rent will end at that point.

                  The tenancy may also be ended if you and LL mutually agree to a surrender of the tenancy. Ideally, this should be done in writing and executed as a Deed.

                  If you do none of the above, (i.e. take no action to end the tenancy), then the only way that the LL can unilaterally end the tenancy is by serving valid notice, applying to the court for a possession order, and getting a bailiff to execute the order. The tenancy and your liability for rent will continue until the day the bailiff executes the order.

                  Comment


                  • #10
                    Originally posted by Randomlyness View Post
                    Hi there.

                    I moved into my present property in nov 2010 it was on a 12 month basis. i asked my landlard for a section 21 2 weeks ago as i sourced a new property with the council today she gives me a letter giving me one months notice..............
                    Is this letter not an unconditional offer from LL to tenant that it will be acceptable to surrender tenancy in 1 month's time (I assume before 30th October??)..
                    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                    Comment


                    • #11
                      Althought the letter given to me by my LL is not offical and does not meet the law requirments I am happy to accept it in order to get me out of this home before the end of the tenancy as it stands if i leave on the 29th octber i shall have to pay the landlord 10 days money around £150 this i could deal with.

                      Landlord has now told me she is going to place the money into a bond scheme some 11 months after it was given if she was to do this would she be able to keep the money in question.

                      funny aint it first she states she didnt have a bond now shes stating shes goin to place it in a scheme a month before my tenancy ends surly this should not be allowed.

                      Comment


                      • #12
                        Originally posted by Randomlyness View Post
                        Althought the letter given to me by my LL is not offical and does not meet the law requirments I am happy to accept it in order to get me out of this home before the end of the tenancy as it stands if i leave on the 29th octber i shall have to pay the landlord 10 days money around £150 this i could deal with.
                        See my 2nd comment in post #8

                        Landlord has now told me she is going to place the money into a bond scheme some 11 months after it was given if she was to do this would she be able to keep the money in question.

                        funny aint it first she states she didnt have a bond now shes stating shes goin to place it in a scheme a month before my tenancy ends surly this should not be allowed.
                        At present it is allowed though. It does mean that if she tries to deduct unfair charges, you can ask the scheme to arbitrate - although the landlord has the option to refuse. In which case you'd have to use the courts, exactly as you would with an un-protected deposit.

                        Comment


                        • #13
                          Thanks for the advice wat then wou the property surly the LLC only has so long to place this money in a scheme not 28 days before I leave.
                          I really appreciate ur advice she should not be allowed to keep this money

                          Comment


                          • #14
                            The law says it should be done within 14 days of being paid - but there is no penalty for not doing so - see here: http://tenancyanswers.ucoz.com/index...14_claims/0-45

                            The law is being changed to 30 days soon - and no easy escape for landlords.

                            Comment

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