Do I need to give notice?

Kit603

Hi guys,

I'm moving into a new rented property on 26th/27th of this month and haven't yet given my current landlord notice as our contract runs out on the 30th anyway. Am I right in thinking that I don't need to give 1 months notice?

Normally, I would as its polite to do so. But, the Estate Agent has called (yesterday) and said we can have the keys on 25th and I really don't want to have to pay rent on two properties whilst i'm serving notice. To complicate the issue, my landlord is also my partner's boss!

We've had a lot of problems with the property:

- Owes us money for decorating (was agreed to be 50/50 split and we never received a penny).

- Ceiling in living room been leaking at least 8 months.

- Shower is leaking and going mouldy.

- Kitchen sink leaks, so we cant use cupboard underneath.

- Landlord told us not to use cupboard in spare room as it contains his stuff, and has since started using it himself without permission!!

We moved in last August on a 6 month contract, which was renewed in Feb for another 6 months. Then, we only had it renewed for 1 month pending a review of this cupboard business with landlord's solicitors. So it runs out on 30th this month. Our rent is paid up to this date.

What do you think?

Also, I don't think we'll get bond back as OH burst an ink cartridge on the living room carpet (DOH!) and it won't come out.

Kit603

Anybody? I just told landlord that we're moving and he says he's going to take us to court. So any advice would be appreciated!

tizhimi

You need to give a months notice I'm afriad. However the LL can keep the deposit (which is a months rent I'm guessing?) So I think your about even.

If it is your PATNERS BOSS (oh my god who thought that was a good idea!?!) you've got to think how this is going to affect your parnters position at work.

poppysarah

Ring shelter.
He can take money towards a new carpet - but not benefit by it, so if the carpet is old he can't buy brand new and charge you for all of it (Unless it was brand new -so obviously there's a % for how old it is)

If your contract runs out then you shouldn't need to give notice as long as you move out by then. Ring shelter for more advice if you're concerned but he does sound like an appalling landlord.

Take photos of the problems with the flat even though you're moving out. Do you have written records of trying to get the repairs done?

tizhimi

Oh yeah thats a good point, if your contract is about to run out - stuff him! Unless he is presuming your staying and you've signed a new contract.

silvercar

Is your contract now a periodic tenancy in month by month on an ongoing basis? Or have you agreed to extend the fixed term by one month (in writing). If the latter I doubt you need to give a months notice as you have extended the fixed term by one month so have an end date. If it is the former then you need to give a months notice to end at the end of a rent period. If you leave without sufficient notice you risk the landlord taking you to court.

clutton_2

""our contract runs out on the 30th any"" - if this is the end of the original fixed term of the AGreement - then no you dont have to give notice - that is why it is a "fixed" term - but - since this is your partners boss - i would want to smooth troubled waters and not put his job at risk - and i would discuss at the earliest opportunity when exactly you are moving out.

they will need to do an Inventory check-out .... and it will be in your interest to be there and to finalise the tenancy properly

Kit603

tizhimi wrote: »

Unless he is presuming your staying and you've signed a new contract.

We've definitely not signed a new contract, and all our previous contracts have had end dates and this one clearly states we're renting the property for "a period of one month from the date of 30th August 2009"

silvercar wrote: »

Is your contract now a periodic tenancy in month by month on an ongoing basis? Or have you agreed to extend the fixed term by one month (in writing). If the latter I doubt you need to give a months notice as you have extended the fixed term by one month so have an end date. If it is the former then you need to give a months notice to end at the end of a rent period. If you leave without sufficient notice you risk the landlord taking you to court.

I'm not too sure what you mean if i'm totally honest We've always had an end date on our contracts, and they've always been for six months. This time, he asked if we agreed to a one month contract pending his solicitors advice on whether he can swindle his way out of repairs etc

clutton wrote: »

""our contract runs out on the 30th any"" - if this is the end of the original fixed term of the AGreement - then no you dont have to give notice - that is why it is a "fixed" term - but - since this is your partners boss - i would want to smooth troubled waters and not put his job at risk - and i would discuss at the earliest opportunity when exactly you are moving out.

they will need to do an Inventory check-out .... and it will be in your interest to be there and to finalise the tenancy properly

I agree about it being my partner's boss, which is why i'm nervous... but at the same time he knew I wanted to move out before the end of the month (I told him so when we asked for a reference, but its our word against his because it wasn't in writing) and he's got our bond which is equal to one months rent - can't he just use that?? I don't think we'd get the bond anyway because his previous tenant who left the flat in immaculate condition is still going through courts because he didn't even keep it in a gov. deposit scheme thingy.