PLEASE HELP: Notice Period of 60 days

[nick..]

Thank you!
ps Just heard from the landlord - a figure of �500 for laminate flooring is being quoted. Grrrrrrrrrrrrrrr! Just as I expected - get the tenant to pay for his new flooring.

He cannot sting you for anymore than it would cost to replace the carpet with an equivalent

Don't let this scumbag walk all over you, the law is on your side. TDS will bring about an end to his deposit thieving, but as the last to suffer at the hands of the old laws, don't let him steal it for no good reason, as has been said, document the condition of the flat, and if there's no inventory, he's got no chance. It might just take some time to get your deposit, but be patient and don't give in if he offers a reduced amount

Honestly, monthly inspections? who do these people think they are? you should just refuse, change the locks, and to hell with him. Let him in once every 6 months with 24 hours written notice

[Colincbayley]

That was my opinion until a couple of years ago.

There was a recorded case where the owner of a property wanted to upgrade the heating system, and as there was a gas supply wanted to replace the storage heaters with gch. The tenants objected, but he went ahead anyway. They took legal action and won on the basis that they said they took the place because it had storage heaters, so the owner had to again provide storage heaters.

I can't find the reference to it at the moment.

Bugger! that was a little harsh wasn't it !!!!

[Esio Trot]

I am not aware that a LL would HAVE to replace like with like. He may well do to keep the tenants happy, but I doubt he is obliged to for things like flooring.

That was my opinion until a couple of years ago.

There was a recorded case where the owner of a property wanted to upgrade the heating system, and as there was a gas supply wanted to replace the storage heaters with gch. The tenants objected, but he went ahead anyway. They took legal action and won on the basis that they said they took the place because it had storage heaters, so the owner had to again provide storage heaters.

I can't find the reference to it at the moment.

[pippay]

I have always been led to believe on this forum that a LL cannot claim "betterment" when it comes to replacing damaged items .. so assuming that is true the most he can claim for is replacement of the carpet less any wear and tear .. the fact that he's getting a better quality and brand new carpet more than covers any cost of replacement of the old carpet.

I would argue the laminate flooring if I were you and if he keeps hold of your deposit take him to the small claims court and see how he will fare with the judge !!

[Colincbayley]

The tenants objected saying it was laminate when they moved in and that is what they want. The landlord had no option but to replace the laminate - but he's never using laminate again!

I am not aware that a LL would HAVE to replace like with like. He may well do to keep the tenants happy, but I doubt he is oblighed to for things like flooring.

[Esio Trot]

As an aside, in a house we look after, the owner paid for laminated flooring on both the ground floor and first floor of a traditional 2 up 2 down.

A contractor visited a week after the tenants moved in and found a score mark by the front door in the living room, through the dining room (no hallway) and into the kitchen. It turns out they dragged their freezer through the house and it had a damaged base with a metal burr sticking out!

six months later the living and dining room lights developed a fault in the wiring, which meant the first floor floorboards (now with a laminate covering) needed to be lifted. The laminate flooring was damaged even though lifted with care and the owner said to replace with carpets. The tenants objected saying it was laminate when they moved in and that is what they want. The landlord had no option but to replace the laminate - but he's never using laminate again!

[MrMcCombe]

[Esio Trot]

This is the most important area to prepare yourself for in advance. Like other posters here, you are on strong grounds regarding your notice period. If it went to court, show the judge the OFT opinion and I'm sure it will be ruled in your favour.

• Look at your tenancy agreement again. How does it say the deposit is held? Landlords Agent or Stakeholder. This is important.
• Was a condition and inventory report prepared when you moved in that you were given an opportunity to review and comment on once in occupation?
• Have you done a Land Registry Search to check who is the true owner of the property.

Answer the above and you can be given more specific advice.

[J4L]

I agree with bel here.

Don't be bullied, walk away at the end of the fixed term and sue them if they withhold any of your deposit.
Can I add though make sure that when you do walk that you have 'huge' evidence of the property's state when you do go, i'e take lots of photos because I'm guessing the Landlord won't 'check you out' properly.
I would take photos of the property, hundreds of them!! get to a pc, upload them and then e-mail them to yourself AND the Landlord! This will ensure that you have evidence of the condition you left the property in.
The fact that you've e-mailed them to the LL may make them wary of 'making something up' with regard to withholding your deposit.

Gareth

[Bel]

If you want to, you could ask Tessa Shepperson at www.Landlordlaw.co.uk, for a fee. She is a specialist solicitor, edits the Lawpack AST and writes loads of books on residential tenancies.

OFT guidelines are not the law, but they can influence a judgement. They are there to encourage fair practice and discourage standard terms in contracts that undermine the rights of the consumer. Your right to walk away at the end of the tenancy has been undermined by their 2 months notice.

I would like to see you win this one.

[lorenzo]

I hope the current review of legislation covers this point. This is really confusing for all concerned and should be cleared up. This LL, whether he is right or not, is certainly using intimidation to force his hand and because of the lack of concrete advise backed by legislation, it's working.

[justaboutsane]

OK.. Let me put this into another context.

You have a job with a FIXED TERM CONTRACT. Contract states you must give 60 days notice to quit. You sign said contract.

At the end of the term do you stay on just because you have not given 60 days notice???

NO you leave! An AST is the same thing, its a FIXED TERM CONTRACT.. Therefore NO notice is required when it comes to an end.

[Colincbayley]

[MrMcCombe]

[Colincbayley]

Sounds fair - remember, going to court costs mega-bucks whatever the situation. Most such things get settled without this kinda thing !

No it does not, a small claims action is a very cheap and easy process.