Notice Period - Please Help !!!

Debt_Free_Chick

Inconclusive then?

Lawcruncher seems to have the same interpretation as me.

Angel_Cake_3

Just thought I would give you an update on my situation......

I have challenged the LA once again about the months notice period and he is still 100% that we will have to give 2 months.

I have spoken to a friend who happens to be a lawyer. I expalined the situation and he said he could not get involved as the LA involved is acutally one of his clients!!! Can you beleive that !!!!

Anyway, he said that as it was in the contract, we would have a battle on our hands. He also said, that if we pushed this, he would bet that the LA would notice 'marks and scratches' on walls and start to deduct from our deposit! Therefore, he suggests we just go along with things!

This seems so unfair, as legally, I now know we only have to give a month. The LA did say that he is meeting the Landlord on Monday and would see if he could compromise in anyway. I am not holding my breath.

I really want to battle this out, but, I really need all my depoist back so am worried to do this.

Feel I am in between a rock and hard place at the moment!!

clutton_2

if a clause was in your contract to jump into a river every second Tuesday - would you do it ?

of course not

an AST is a set of statement forming a legal contract - HOWEVER - none of these clauses can remove your legal rights which you have accrued under any legislation - so even if they are in the AST - they are not necessarily legal and - a judge CANNOT rule that a clause in an AST is legal if it removes legal rights accrued elsewhere in legislation.

IRRESPECTIVE of what it says in ANY AST - tenants need only give one months notice - and the legality of this has been long established - long long long established - Shelter, CAB, any Council private sector renting officer, any book on Landlord and TEnant law will tell you the same thing - stand your ground with this agent

i have already quoted Tessa Sheppersons book "Renting The Essential Guide to Tenants Rights" pub by Lawpack elsewhere on here and i can't be bothered to dig it out again. She has been a specialist solicitor in LL&T since 1994 and runs www.landlordlaw.co.uk

no matter how much nitpicking goes on in this site about notice - for tenants its one month - end of

you may want to read Eagerlearners long thread about getting her deposit back before you decide to embark on a court route

Angel_Cake_3

Dear all, thank you for your help and advice, thought I would give you a quick update.
I have tried the 'it is law' bit on the LA regarding the 2 months notice they are trying to tie us to, however, we have been advised by an independant party that if we start to go down this route, the likelyhood is that they would start to say that things need doing on the house and would dedcut from the deposit, something I can not afford to let happen.
My new LA have pushed back our moving in date to help us out and have not pushed for a month deposit yet.
Oct's rent for my current place is now due and I will need to pay the 2nd month rent for November, this amounts to nearly my deposit that they hold.
I have thought about the possibility of leaving in a couple of weeks, not paying Oct and Nov and telling them to keep the deposit. I know this is wrong and it is something I do not want to do, however, I am worried I may loose the new place and also, I just have a feeling I will struggle getting the deposit back.
Current LA have promised things that they have not delivered or gone back on. Decorating for one. Also, we put up fences etc and were told they would pay us, they will now not pay up.
Would be grateful for some input - should I leave and tell them to keep the deposit (this will free up funds for me currently). Would this put me in deep water?
Grateful for some input ........Thanks all.....