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

clutton_2

legally tenants only have to give one months notice - end of

the other thing - have you been served with a Section 21 notice as part of your tenancy agreement ? if so i believe that no notice at all is due .... i am sure franklee will be along to clarlify this...

Jowo_2

Gorgeous_George wrote: »

Why don't people read the agreements that they sign?

Notwithstanding any 'law', if the contract says 2 months then I would expect 2 months notice (out of courtesy if nothing else). If this was not acceptable, objections should have been raised at the time (before agreeing the terms of the contract).

I only ask for one month and in practice I'm more flexible than this. However, I expect both parties to read and understand any contract that they sign. That is why they are called contracts - the clue is in the name.

GG

My understanding is that landlords can insert any clauses they like into contracts but housing law always takes precedence so there's no point in producing agreements using terms and conditions that can't be enforced.

For example, a fixed term contract is exactly that so it is pointless for landlords to insist that the tenant has to give them notice within the fixed term itself. Housing law says they don't, tenants can leave on the final day of the tenancy. It's good practice for tenants and landlords to discuss whether or not to renew the AST but there's really no such thing as a fixed term contract with a notice period (legitimate break-clauses excepted).

theartfullodger

GG - Jowo is correct. No agreement can take-away statutory rights in this area (As just confirmed for me on a Shelter course I've been on... ). One month (dated to expire as discussed) is all an E&W tenant needs to give.

I take the point about courtesy: However, sometimes that ain't possible..

Cheers

Lodger

djkarl

does this letter seem ok?


Dear #######


We hereby give notice to terminate our tenancy at #######

As per housing law regarding periodic tenancy which our Assured short hold tenancy has lapsed in to we hereby give one months notice.

The last day of our tenancy will be 1st August 2009. We will be available on that date after 7pm to complete a check-out inspection.

We will be due back our deposit of £####. We expect this is received within 14 days of us vacating the premises.

As we understand it deductions may be made from my deposit only for provable damage to the property but no deductions may be made for fair wear and tear to the property occurring during our 14 month rental period. Any work you think may be required must be discussed with us at the checkout.

Prior to moving out we will ensure that the property is thoroughly cleaned.

superfran_uk

You might not get your deposit within 14 days as you'll have to make sure all your accounts/utilities are paid up to date and get receipts beforehand.

Also it seems a bit unecessarily aggressive - you face a much better chance of getting your deposit back if you try and be nice...really they should know that you are due your deposit back, and the correct checking out procedures, and if they don't it's probably best not to patronise them over it. Say something like 'we will be in touch regarding the procedures for vacating shortly'. They will probably then tell you what they are, and if you disagree you can bring it up then. Much nicer.

clutton_2

if the LL disputes the cleanliness of the property - it could be months going through the various Deposit scheme's arbitration scheme - so dont rely on the money for your new place's deposit

you could ask for a pre-inventory inspection so that they can point out everything that needs doing and that will give you time to get it perfect for the actual end of the tenancy

silvercar

I'm not sure about this "housing law" definition. If a term is included in a contract which is deemed to be unfair by the OFT, T&S or whoever then it is likely that a court will fule that it is an unfair contract term and can be ignored. AFAIK it is only a court that can rule on this. So CAB or Shelter could say its unfair and that legally you only have to give one months notice, but having signed that you will give two months notice only a court could rule that you can ignore the contract term.

A parallel with the banking court cases. The OFT have gone to court to get a ruling that the charges are unfair - doesn't mean that people can go into the banks and demand instant refunds; they have to wait for a court ruling.

djkarl

i may need to change this slightly.

Surely that contract covered the 6 months and now we're on a standard periodic tenancy terms?

clutton_2

tenant notice is enshrined in L&T legislation which over-rules clauses in AST's - tenants need ONLY give one month once they are outside the fixed term - end of ........

shelter, Cab, local councils, housing officers - all will tell you the same - tenants one month - landlords 2 months - END OF

tbs624

Silvercar - the OP is under a periodic agreement so, in this case, there can be no argument . If s/he pays the rent monthly then a month's written notice, appropriately timed, is all that is required on the T's part.

djkarl - you say that your tenancy began on the 1st of the month, and as you have not said otherwise, we'll assume that the 1st is also the date on which you pay rent. However, you say in your proposed letter

djkarl wrote: »

..The last day of our tenancy will be 1st August 2009. We will be available on that date after 7pm to complete a check-out inspection.

You need to be out on the last day of July:stick around until the 1st August and your LL *can* charge you another month's rent, as you'll be into a new rental period.

djkarl wrote: »

We will be due back our deposit of £####. We expect this is received within 14 days of us vacating the premises.

I agree with SuperFran that your wording is unnecessarily "in your face" and is likely to have the opposite effect to the one which you intend it to have. Just as the LL cannot unilaterally decide what may or may not be withheld from the deposit, neither can you unilaterally decide that you are "due back your deposit" in its entirety: agreement has to be reached between the two parties or referred for scheme arbitration ( if property in Eng/Wales) or to the courts.

All you need to say in your letter is that you will of course be cleaning the property and returning it in the same condition as originally let, save for FW&T, and that you are happy for the LL to call at a pre-arranged date to discuss check out. Finish by saying that you look forward to the return of your deposit.

Save the "I Know me rights bit" for if you need to ramp things up later.;)