Notice period

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

    Notice period

    I currently live in a shared house where the landlord does not live in the property but her brother does and he deals with all the bills etc. I moved in in Dec 2006.

    I pay my rent on the 1st of each month and a 1 months deposit was taken. No contract was signed or entered into and there was no verbal agreement of notice periods.

    I now wish to move out and would like to do so on 1st June (so I have given 2 weeks notice). In an email from the brother of the landlord, he has stated not to worry about notice periods and 2 weeks notice is fine.

    Later in the day when I saw the brother he is saying now that it will be fine to move out on the 1st but if he has not found anyone to rent the room who can move in on the same day then he will charge me until the end of June.

    I was just wondering if he can do this or am I able to simply move out on 1st without having to pay any further rent? I am woried that the landlord will not give me my deposit back if I refuse to pay.

    Any help would be great.

    Thanks

    #2
    If you are paying your rent monthly then by rights you should give 1 clear months notice, otherwise you will be liable for the full months rent i'm afraid
    Please note i may be in pumpkin mode, the light might be on but i may not be here

    Comment


      #3
      Er.......probably not! You will find that as you were not given written terms you cannot be bound by any Notice period. As you are lawfully entitled to stay there six months, then it would be alright to leave at the end of the completion of that period as not tenant is required to serve Notice on a fixed term tenancy (you haven't given the exact move-in day which will determine the beginning of your tenancy). Landlords cannot impose terms on you that you haven't been made aware of, as it would probably be considered unfair. Take it up with the local Trading Standards Office.
      The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

      Comment


        #4
        I agree that the absence of any written paperwork strengthens the tenant's position - e.g. no inventory implies no possible damage retention from deposit.

        However, in the absence of a written agreement I thought the law assumed a notice period equivalent to at least one rental period - ie one week if rent is paid weekly and in this case one month as the rent is paid monthly. I also thought that even unwritten ASTs became periodic rather than expiring at the end of the term.

        Then again, the tenant has given two weeks notice already - the most the landlord should charge is the difference between the two weeks he's been given and the month he might feel entitled to - not the 6 weeks he is threatening to claim.

        Comment


          #5
          If the tenant has gone beyond the initial 6 months fixed term then valid notice must be:

          1) Written

          2) At least 4 weeks duration.

          Check Housing Act 1988 notice to be given

          Comment

          Latest Activity

          Collapse

          • Reply to Advice Needed
            by Hudson01
            I am very sorry to hear about the issue, i can add little more to what has already been said above, I am one of those lanldords spoken about in terms of about to sell up........ all that has been pointed out as to why we are all leaving is totally true, it has simply become too much hassle and with...
            16-05-2022, 20:53 PM
          • Advice Needed
            by Confused2022
            Hello!


            I an trying to get as much information and advice for someone whom is very vulnerable and has many health problems.

            The issue is they have lived at a property which they’ve rented now for 2 years just over, never missed a rental payment and never had any issues,...
            15-05-2022, 15:45 PM
          • Reply to Invoice for work - am I being unreasonable?
            by Hudson01
            I agree with one of the other posts, Company A should have sorted the whole job, it sounds like a 10 mins job with maybe a collar for the pipework being tightened up and then some basthroom sealant ...........you are right.......... just under a ' monkey'' (Arthur Daley speak) for what is a simple pipe...
            16-05-2022, 18:46 PM
          • Invoice for work - am I being unreasonable?
            by Laurasplog
            We have a London flat managed by an agent (full management service).

            My husband and I were abroad, and got a call from the council saying the property was leaking sewage into the flat below. We contacted our agent immediately who sent someone around the same day (Company A).

            ...
            16-05-2022, 12:58 PM
          • Reply to Invoice for work - am I being unreasonable?
            by theartfullodger
            What does your agreement (or terms & conditions sent) with this say about such queries, please? I'd start there first & then probably their complaints process (if they have one)

            Is this the lettings agent on the block (of flats) management agent please?

            I humbly note...
            16-05-2022, 16:15 PM
          • Reply to Invoice for work - am I being unreasonable?
            by Laurasplog
            The pipework was found to be sound. I think Company A were there as an emergency "see if it's sewage and shut off the water if necessary". They said it was a pipework problem and a sealant problem. Company B carried out a full audit on the pipes and found it was only a sealant problem....
            16-05-2022, 14:59 PM
          • Reply to Invoice for work - am I being unreasonable?
            by Laurasplog
            The letting agent engaged all of them. We gave them an instruction to fix whatever the problem was after the notification from the council there was a problem - we pay for a full management service.

            I doubt the agency will give us money back because they've paid it out directly to the contractor,...
            16-05-2022, 14:58 PM
          • Reply to Buying a tenanted residential property
            by theartfullodger
            In November 1979 BoE base rate hit 17% under Thatcher's government. My building society was kind by only raising their rates to 15%.....

            IMHO rates will continue to rise. Sorry.

            What you are proposing would breach your mortgage terms and possibly result in place being repo'd....
            16-05-2022, 14:30 PM
          Working...
          X