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worried about giving in my notice...

Im going to give in my 3 months notice to quit the tenancy on the flat i'm living in now, My contracted 12 months are up on the 18th Feb so i want to give the 3 months notice on the 18th Jan - 18th April 09 the place is falling apart there's mould, the cooker, boiler, windows, shower, front door & interior doors are all broken and im sick of living in this overpriced dump to be honest!

However im absolutley petrified of handing in my notice to the landlord as its 3 months i'm concerned that if anything else goes wrong in the flat he wont deal with it as i'm moving out. Whilst i've been living here alot of wallpaper has come off the walls due to mould & damp and i am worried i will lose my deposit because of this?

Im also worried that this is a private rental and there are no more private rentals about they are all EA's but im will be on LHA so potentially no-one will except me and my daughter and we'll find ourselves homeless which means the council wont house us either as it will be purposeful!

Don't think i'm looking for advice as such but just sticking my fear somewhere!
Had my amazing little girlie 08/12/2007 - 11 days late! 9lbs 3oz
My second little girl entered the world 20/03/2010 - 11 days late! 8lbs 4oz
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Comments

  • Why are you giving 3 months notice? What does the contract say?

    Once the AST ends you should only need to give one month's notice. In that case, I'd be inclined to fiind somewhere else first, then give notice on this place. If you then only have to stick it out for a month, it won't really matter if the LL doesn't do any repairs - with the exception, of course, of really vital repairs e.g. heating, hot water etc.

    Can you type out the part in the contract about notice, here?
    Warning ..... I'm a peri-menopausal axe-wielding maniac ;)
  • laurenjs88 wrote: »
    Im going to give in my 3 months notice to quit the tenancy on the flat i'm living in now, My contracted 12 months are up on the 18th Feb so i want to give the 3 months notice on the 18th Jan - 18th April 09 the place is falling apart there's mould, the cooker, boiler, windows, shower, front door & interior doors are all broken and im sick of living in this overpriced dump to be honest!

    However im absolutley petrified of handing in my notice to the landlord as its 3 months i'm concerned that if anything else goes wrong in the flat he wont deal with it as i'm moving out. Whilst i've been living here alot of wallpaper has come off the walls due to mould & damp and i am worried i will lose my deposit because of this?

    Im also worried that this is a private rental and there are no more private rentals about they are all EA's but im will be on LHA so potentially no-one will except me and my daughter and we'll find ourselves homeless which means the council wont house us either as it will be purposeful!

    Don't think i'm looking for advice as such but just sticking my fear somewhere!
    If it's a FIXED term AST you don't have to give any notice at all as long as you move out before the terminal date.
    After that your contract will default to a statutory periodic with one months notice.
  • laurenjs88
    laurenjs88 Posts: 1,326 Forumite
    Furthur conditions:

    Twelve weeks notice in writing, to terminate this agreement after one year.

    This is hand written on the back of the lease? Does that also mean i cant give my notice in until the years lease is up?
    Had my amazing little girlie 08/12/2007 - 11 days late! 9lbs 3oz
    My second little girl entered the world 20/03/2010 - 11 days late! 8lbs 4oz
    Sea
    led pot challenge 4 - 332
    Make £11k in 2011 £0/£11000 - 0%
    And lots of other challenges!
  • laurenjs88
    laurenjs88 Posts: 1,326 Forumite
    it just says its an Assured Shorthold Tenancy. I've just got the photocopy of the Tenancy he's got the real thing. But he's scribbled over alot of stuff and written in his own things. I've also just noticed this is a tenancy agreement for a furnished flat! lol and i got it unfuirnished! how rude!
    Had my amazing little girlie 08/12/2007 - 11 days late! 9lbs 3oz
    My second little girl entered the world 20/03/2010 - 11 days late! 8lbs 4oz
    Sea
    led pot challenge 4 - 332
    Make £11k in 2011 £0/£11000 - 0%
    And lots of other challenges!
  • poppysarah
    poppysarah Posts: 11,522 Forumite
    You could give shelter a ring. I'm sure insane landlords are doing this all over the country.
    :) They'll give you some nice phrases to use to him.
  • Enfieldian
    Enfieldian Posts: 2,893
    Part of the Furniture Combo Breaker
    Forumite
    I can't see him being able to enforce handwritten scribbles!

    If he wanted to add extra clauses surely he should have retyped the contract and added them in.
  • PasturesNew
    PasturesNew Posts: 70,698
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Forumite
    Firstly, it's a FIXED term contract, so you don't have to give notice at all if you move out by the end of the tenancy (e.g. if you moved in on the 18th it finishes on the 17th). However, it's only polite to do so.

    Your LL's handwritten extras specifcally say "AFTER 12..." well, it's now BEFORE 12 months isn't it.

    Your LL is very limited in what rules he can just make up and scribble down. Even if you signed something, if it's an unfair term then you'd win an argument.

    Just give him notice that you'll be leaving at the end of your 12 month agreement. Job done.
  • Hi there

    As far as the deposit goes yours should be in a tenancy deposit scheme as you moved in there within the last 12 months and this should help to add sanity to any money that LL proposes to withold or you can dispute it:

    http://www.direct.gov.uk/en/tenancydeposit/index.htm

    (It came in almost 2 years ago)
    £34,547 (Dec 07); Current debt: £zilch (Debt free December 2010)
    Sealed Pot #389 (2010=£133)
  • You should contact your LA and get them to visit the house, if they see if as unlivable due to the damp etc then they will give you more points and maybe rehouse you if you plead povity.

    I used to live in a house just like yours, but never realised that I could have got more points from the council, and so still stuck in the private housing cycle, with letting agent fees.

    He sounds like a nightmare, so I would speak to CAB incase he wont give you your deposit back and you may need to fight it in small claims.
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  • barnaby-bear
    barnaby-bear Posts: 4,142 Forumite
    laurenjs88 wrote: »
    it just says its an Assured Shorthold Tenancy. I've just got the photocopy of the Tenancy he's got the real thing. But he's scribbled over alot of stuff and written in his own things. I've also just noticed this is a tenancy agreement for a furnished flat! lol and i got it unfuirnished! how rude!

    http://england.shelter.org.uk/get_advice/advice_topics/renting_and_leasehold/ending_a_tenancy_or_licence/ending_a_fixed_term_agreement Your LLs a muppet, speak to shelter (they do advice). Don't sign another fixed term even if he bullies you let it go to the default periodic.... just because a LL puts a clause in doesn't make it enforcable (allowing viewings in your final weeks etc is not a right for him it's a favour you may CHOOSE to give - it's likely he's shoved some clause demanding access in as muppets frequently do).Check your deposit is protected.
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