notice to LL, she is expecting 2 months we want to give 1 month

clutton_2

DPS have specific time frames to work with - they wont be rushed

in addition to all the letters etc. you will need to send a copy of your signed tenancy agreement so that DPS can see she is operating an illegal contract

djkarl

BUMP, after what seems like an age the DPS status has now changed to Awaiting Tenant evidence. Here is a rough draft of what i am planning to send them as evidence. Along with a copy of the oringal signed tenancy agreement.
=======================================================

Upon viewing the AST we queried the notice period and the landlord advised us that the Estate agent had insisted this was correct. We advised that this was an unfair term, we only signed on the basis that unfair terms are not legally binding.

We believe the following to be correct; we have verbally and writtenly advised the Landlord of this

As the fixed date expired on the AST and no further contract was signed our tenancy reverts to a periodic tenancy.

The period of the tenancy will depend upon the rent payment schedule our rent was paid monthly so therefore this will become a monthly periodic tenancy.

The previously signed tenancy agreement cannot change these basic rules, one month been the tenancy period, then the notice period is one month.

Please find extracts from Housing Act of 1988 covering this, mainly section e

http://www.opsi.gov.uk/Acts/acts1988..._19880050_en_2

(2) If an assured tenancy which is a fixed term tenancy comes to an end otherwise than by virtue of—

(a) an order of the court, or

(b) a surrender or other action on the part of the tenant,

then, subject to section 7 and Chapter II below, the tenant shall be entitled to remain in possession of the dwelling-house let under that tenancy and, subject to subsection (4) below, his right to possession shall depend upon a periodic tenancy arising by virtue of this section.

(3) The periodic tenancy referred to in subsection (2) above is one—

(a) taking effect in possession immediately on the coming to an end of the fixed term tenancy;

(b) deemed to have been granted by the person who was the landlord under the fixed term tenancy immediately before it came to an end to the person who was then the tenant under that tenancy;

(c) under which the premises which are let are the same dwelling-house as was let under the fixed term tenancy;

(d) under which the periods of the tenancy are the same as those for which rent was last payable under the fixed term tenancy; and

(e) under which, subject to the following provisions of this Part of this Act, the other terms are the same as those of the fixed term tenancy immediately before it came to an end, except that any term which makes provision for determination by the landlord or the tenant shall not have effect while the tenancy remains an assured tenancy.

clutton_2

far too complex - you dont need to quote all that law at DPS - what they want is evidence of your tenancy (your AST) - and proof of when you gave notice, proof of service, so that they can see if you complied with the terms of your agreement - do you have receipts from the post office of your letter of notice to quit, or copy of an email ?

Also proof of the day you actually moved out.

Also i suggest you select a few emails/letters from the landlord which show their intransigence and ignorance.

djkarl

we hand delivered our notice, we got the landlady to sign it as proof
i've got a few letters from the landlady as well

you've been a god send during all this Clutton

clutton_2

can you prove the day you moved out ? A "Statement of Truth" from a friend who helped you move will suffice - "I jim brown am a friend of X & X and helped X & X moved from x address on x date - the property was in a clean state and in good order when they left - etc etc - the friend needs to include his/her name and address sign it and get his signature witnessed with witness name/address as well.

flesh it out a bit

the friend will not have to appear anywhere, its just a statement from an independent person -

if you used a rental van do you have an invoice - that will help as well -

plus any photographs of the lovely clean house with dates on which you took on move-out day

djkarl

I got plenty of photos of the house after it was clean, shouldnt be a problem getting the van driver to sign the above.

She had new tenants move in 2 days after we'd left if that helps at all.

clutton_2

""you've been a god send during all this Clutton"

thank you - but me and many others on this thread have your best interests at heart -

I am sure that, like me, the other LLs here on MSE want to help in order to try to "make up for" the few rogues who give our profession such an appalling reputation.

did you read Eagerlearners thread ?

djkarl

Hello everyone, sorry to bring up this old thread but I thought I’d give you all a quick update. Evidence from both sides has been submitted, it looked like they requested something further from her as the status was on Awaiting Landlord again till last Thursday. It is now on ‘IN DISPUTE RESOLUTION – ADR’.

In the mean time I have received a strange email from the previous landlord.

To give you a brief history while living there noticed a small mark appearing where the wall meets the ceiling in the kitchen. This looked to be roughly below the shower on the floor above. I did run the shower for a good 10 minutes and stood in the kitchen but couldn’t see or hear any water coming through.

We notified the land lady, she came out had a look and said she would have some work done on it the next day. We never asked what work was going to be done, but emptied our stuff from around the shower/bath. It was only in a later letter we found out the work that was done was to paint over the mark. A small mark was beginning to return on the day we moved out.

Saturday I have received this email from her.

=================================================================

I had asked you a couple of times about the quite large mark on the ceiling in the kitchen and had asked if there had been a leak, especially from the shower. You told me there hadn't and that you didn't know what that was.

Could you pls tell me if the shower had ever leaked or if water had come through the ceiling into the kitchen?

Do you have any idea of what caused that mark?

Regards

clutton_2

she is only trying to get you to hang yourself - did you include any mention at all of this shower business in your evidence ?

if you have submitted your evidence, i would ignore her request, other than to say " as this matter is now before the adjudicators of DPS i do not think any further contact between us is appropriate."

i dont know what others think in terms of OP submitting further evidence re this water mark ?

its been a while since i read this thread - is there a final check out signed inventory ?

djkarl

There is no mention of this water mark in the final check out and her claim on the deposit is only for the notice period.

I don't think it is in my interests to respond to her email till after the DPS decision