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

Jowo_2

According to the advice by Shelter, “if your tenancy is monthly and started on the fifth day of the month, the notice you give the landlord should end on the fourth or the fifth.”

I appreciate that I earlier confused things by mentioning due date of rent which I’ve subsequently corrected though quoting Shelter’s better worded sentence but you’ve previously indicated that “Our tenancy runs from 15th - 14th” and that you’d already given notice on the 4th June. Also somewhere else, you said your contract began on the 1st of the month.

I interpret this to mean that if you give 1 months notice (again?!) this week, your notice period would expire on 14th of August and payment date is irrelevant. If your rental payment and rental period don’t coincide I expect you have to calculate the remaining rent for the last rent due. However, you've given a couple of different dates for your tenancy so I apologise if I've further confused things. Anyway, I’m quite confused now over your dates and whether or not you’ve formally served notice, so please check with a Shelter advisor or re-confirm this info on the thread.

Most of the remaining content seems depressingly combative to me. There is no requirement for a tenant to be present at check-out.

tbs624

Jowo wrote: »

...There is no requirement for a tenant to be present at check-out.

It's called a check out because ...erm...the tenant is effectively being checked out of the property. It is perfectly reasonable for a T to want that check out to be conducted whilst s/he is actually present, given that the results affect the return of the tenant's deposit money.

bumpoowee

superfran_uk wrote: »

Also it seems a bit unecessarily aggressive - you face a much better chance of getting your deposit back if you try and be nice...

I disagree, a reasonable landlord will give the money back regardless.

The other scumbag type of landlord is much more likely to back off if you make it clear you know the law and your rights.

Last rented place I moved out of I put up with all kinds of crap and was still polite on the notice letter but the !!!!!! still tried to steal my deposit. It was only when I made it clear I would wipe the floor with him in court that he backed off and gave my money back.

silvercar

superfran_uk wrote: »

Also it seems a bit unecessarily aggressive - you face a much better chance of getting your deposit back if you try and be nice...

bumpoowee wrote: »

I disagree, a reasonable landlord will give the money back regardless.

Decent people don't behave aggressively unnecessarily. You are more likely to get small breakages over looked if you are polite and considerate rather than demanding and argumentative.

Gorgeous_George

If I was to offer my tenant a reduced rent or accept lower deposit in return for two month's notice when they decide to leave, we should be able to agree to this and write it into the contract. The law requires the tenant to give one month's notice - it does not necessarily mean that they cannot give two months. To suggest otherwise is stupid. Maybe the law is stupid.

Equally, I could offer my tenant 6 month's notice rather than the two months required by law. If I offered this and subsequently insisted that they leave at two months notice, would that be considered reasonable by the 'lawyers' on MSE?

As it is, I stick to one and two months for the tenant and landlord.

GG

Jowo_2

tbs624 wrote: »

It's called a check out because ...erm...the tenant is effectively being checked out of the property. It is perfectly reasonable for a T to want that check out to be conducted whilst s/he is actually present, given that the results affect the return of the tenant's deposit money.

Yes, the tenant is being checked out but there is no legal obligation for the tenant to be present. It is perfectly reasonable for a tenant to want to be present but the landlord does not have to permit it or it might not suit both parties.

For instance, the tenant may want it to take place 7pm on their last day of the tenancy but the letting agent only works on a 9-5 basis, or the landlord has a previous commitment, or they both would prefer to do it during the daytime when the light is better and when they can do it at their leisure without interference from the tenant.

Either way, the quality of the inventory/schedule of condition document as well as the thoroughness of the final inspection should suffice as this will be the key document in the event of a dispute.

Chris2685

Sorry to jump on this thread, but does the '1 month notice' law mentioned earlier in the topic also apply even if the contract has been signed which states that we have to give 2 months notice?

kennyboy66_2

Chris2685 wrote: »

Sorry to jump on this thread, but does the '1 month notice' law mentioned earlier in the topic also apply even if the contract has been signed which states that we have to give 2 months notice?

Because what are termed "Statutory rights" cannot normally be signed away in contracts.

So if a shop sells you a new TV & included in the contract was a clause that you could not return it if faulty, then you still have the right to return it.

Equally, you could have a contract to work for £3 per hour. This does not over-ride your right to minimum wage.

These rights are generally to protect the individual over companies, or in the this case landlord, who have more "power" & knowledge.

Chris2685

OK, so I could give 1 months notice and there is nothing they can do about it?

Also, how do you properly serve notice, is there a legal way to do it or can you just write 'Serving notice as per the contract on such and such a date'? (or something along those lines).

Thanks in advance for any light you can shed

theartfullodger

OK, so I could give 1 months notice and there is nothing they can do about it?

Sigh! Ah, the difference between can and may. He can do anything he likes (eg withhold deposit, slander you down the pub, follow you to your new address & harass you, let the tyres down on your motor vehicle.....) but he may not stop you leaving lawfully. If he is a real numpty you may have some more work to do to get him to do the right thing & cough up and monies owed etc...

Cheers!

Lodger