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Giving notice on flat
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# 1
dave76
Old 07-11-2007, 2:26 PM
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Question Giving notice on flat

Maybe a bit premature as there are still a few hoops to jump through on the house I am buying - but might as well be prepared!

When giving notice to the letting agents - I assume it is best to be in writing? There is a "leaving fee" (outrageous IMO!), can I insist or request this is taken out of the deposit?

I am quite sure they said when we renewed after 6 months (it is now a rolling 1 month contract) that the 1 months notice only starts after the next rent payment - does that sound normal? I dont really see why 1 month isnt 1 month from giving formal notice. I will have to get out the contract and see if it is written in there, but we never got a new copy of the contract after the initial 6 month agreement ran out so not sure if it actually covers the rolling 1 month case.

There have not been any damages to the flat that I am aware of, and we will clean before leaving, so there will be trouble if they try and keep any significant part of the deposit. There was also no inventory to sign when moving in so I dont think they could claim we damaged anything anyway?
Are there time limits that apply to deposits being returned? I was thinking of stating in the letter that I expect the remainder of the deposit to be returned within say 28 days of vacating?
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# 2
clutton
Old 07-11-2007, 3:53 PM
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notice is meant to coincide with rent day, and should be in writing. no inventory - no deductions - that simple. you dont need a piece of ppaper to prove you are on a rolling contract - ie a periodic one . good luck
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# 3
Debt_Free_Chick
Old 07-11-2007, 5:45 PM
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Quote:
Originally Posted by dave76 View Post
I dont really see why 1 month isnt 1 month from giving formal notice. I will have to get out the contract and see if it is written in there, but we never got a new copy of the contract after the initial 6 month agreement ran out so not sure if it actually covers the rolling 1 month case.
As Clutton says ... with a periodic tenancy, you have no agreement so you are governed by statute (legislation). This requires that your notice runs from the rent day in one month to the day before rent day in the following month. It just is

Quote:
There have not been any damages to the flat that I am aware of, and we will clean before leaving, so there will be trouble if they try and keep any significant part of the deposit. There was also no inventory to sign when moving in so I dont think they could claim we damaged anything anyway?

Check the tenancy agreement. What does it say about cleaning, for example? Have you agreed to pay the cost of a professional clean? Anything else?

Quote:
Are there time limits that apply to deposits being returned? I was thinking of stating in the letter that I expect the remainder of the deposit to be returned within say 28 days of vacating?
No specific law, but common law applies so the return of the deposit needs to be within a "reasonable period". 28 days seems reasonable.

Check the agreement though .... when you signed it, you were accepting the terms, even if they might seem "unreasonable" now
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# 4
MrShed
Old 07-11-2007, 8:42 PM
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Quote:
Originally Posted by dave76 View Post
When giving notice to the letting agents - I assume it is best to be in writing? There is a "leaving fee" (outrageous IMO!), can I insist or request this is taken out of the deposit?
Just to add to the above posts, I would be questioning this fee - could well be an unfair term according to the OFT and therefore unenforceable. I would certainly at the least be asking what they are going to use this fee for(ie what justification they have for charging it). How much is the fee?

ALWAYS put notice in writing!
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# 5
dave76
Old 07-11-2007, 11:04 PM
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thanks for the replies.

I signed an "assured shorthold tenancy agreement" at the start which states the term as being 6 months, this then reverted to a periodic tenancy - but does everything in the original shorthold agreement still stand (even though it had a 6 month limit on it which ran out in June??)

Anyway, regarding the deposit it says "A deduction from the deposit will be made if the property and its contents are not in the same clean state or condition they were in at the commencement of the tenancy" - so nothing about paying professional cleaners, and nothing to specify the state at the commencement.

The fee for ending the tenancy is 50 + VAT, which it says may be deducted from the deposit. It doesnt say what this fee is for, but I guess they will say it is admin and checking the property etc. There was supposed to be a "renewal fee" of about 90 quid when the 6 months was up and it reverted to periodic - but they never pressed me for it so it never got paid. I wonder if they can try and take that out of the deposit? (I wouldnt mind, but I wasted many hours waiting for the LA to come and do an inspection and they never turned up!)

I just found a clause stating "Deposit to be returned to a residential forwarding address by cheque within 28 days of vacating...".

I suppose I should have dug out the tenancy agreement before asking the questions
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# 6
MrShed
Old 07-11-2007, 11:07 PM
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Yes everything stands OTHER than the fixed term, which obviously does not stand.

The fees are fairly ludicrous. Unfortunately however the £50 fee is probably enforceable. Although I would still be asking what exactly they do that costs £50, they should be justifying this charge to you, after all it is your money!!

Other than very specific circumstances, no inventory = no deductions for damages.
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