Leaving rented accomodation

jon9801

We have a dilemma about leaving our current rented flat when we move in to our new house (hopefully in a couple of months if all goes well).

It's basically whether we should give our 1 months notice with a view to getting our deposit back (roughly equal amounts). OR wether we should not pay our last month (ie stall if they find out which we don't think they will based on previous experience with them) and then just tell them we have moved out and the keys are in the post (Kind of a thanks and so long!).

We've lived here for 3.5 years and initially had a 6 monthly shorthold tenancy agreement. After the first 6 months, we requested a renewal agreement which they told us the arrangement became rolling and there was no need for new agreements. So the way I see it, I had an agreement with my signature on which expired around 3 years ago.

Is there anything they can do to us (legally?). We plan to leave the place in good condition so our view would be the unpaid rent and deposit would equal out.

PS. The letting agent is over due on their commitment to perform a gas safety check. Could this be relevant if they were to get funny with us?

Any views, especially of legal relevant would be very welcome. Humour me on what's morally right or wrong if you like too!;)

silvercar

Your agreement didn't expire, it became a periodic tenancy continueing with the same conditions as the AST, except the end date.

You are still under contract and should give your landlord a months notice to end at the end of a rent period. Failure to do so could result in the landlord pursueing you for a months rent in lieu of notice and you possibly ending up with a CCJ.

If you fail to give any notice, then you would owe a months rent after your leaving date. Also consider how the LL/ LA is expected to perfom checkout without you notifying them you are leaving.

NEH

Agree with advice above...

I think you'd be setting yourself up for problems if you up and left without giving notice...

The amount of times after moving out money is taken from deposits for imaginary cleaning and the such like, in your case they could pursue you for it....and there is a host of other problems to consider as well...

Give the notice, it's not that much hassle.....and take pictures when you do leave of the condition you have left the property in....

jon9801

Thank you obth for your replies. I'd never heard of the periodic tenancy. Seems like they have it stitched up.

We just have reservations about wether we'll ever see any of our deposit again and have had little consideartion from our letting agent/landlord over the years regarding things like water leaks, boiler not working and no heating as well as a blatent lie about the installation of a satelite dish before we moved in then getting ordered to take it down.

I'm not opposed to being fair, but it hasn't worked in the opposite direction unfortunately. I guess they've had practice to perfect their ways!

Any views on the gas safety check which is about 6 weeks overdue from expiry?

NEH

jon9801 wrote: »

Thank you obth for your replies. I'd never heard of the periodic tenancy. Seems like they have it stitched up.

We just have reservations about wether we'll ever see any of our deposit again and have had little consideartion from our letting agent/landlord over the years regarding things like water leaks, boiler not working and no heating as well as a blatent lie about the installation of a satelite dish before we moved in then getting ordered to take it down.

I'm not opposed to being fair, but it hasn't worked in the opposite direction unfortunately. I guess they've had practice to perfect their ways!

Any views on the gas safety check which is about 6 weeks overdue from expiry?

Is it Scotland or England you rent in?

I nearly lost some of my deposit as they said they had to do extra cleaning, I challenged this as after I had left they didn't do the inventory until 2/3 weeks after by which time dust would have collected...Fortunately having photos taken the day i left stood me in good stead....

G_M

Any views, especially of legal relevant would be very welcome. Humour me on what's morally right or wrong if you like too!

It is both legally and morally wrong to withold rent that you owe. You have a (periodic) tenancy agreement. The LL provides a property and you pay rent.

The deposit is NOT rent.

I'd never heard of the periodic tenancy. Seems like they have it stitched up.

In what way 'stitched up'? Periodic tenancies are a very useful alternative, for both parties, to constantly renewing fixed term contracts. They offer more flexibility (where it is wanted) and also obviate the need for letting agents to charge regularly for administering new contracts.

jon9801

NEH wrote: »

Is it Scotland or England you rent in?

I'm in England.
Good point about the photos, we took many when we moved in so we'll do the same on the way out.

G_M, When my landlord/letting agency grows either a moral or legal conscience I'll start worrying about the rights and wrongs of my situation. They have so far been happy to lie to us about puting up a satalite dish , leave us without hot water for a month last winter, a malfunctioning heating system and leaking windows. we on the other hand have happily paid our rent on time every month for the last 3.5 years. I'm sure you're a great landlord, ours unfortuntately isn't. At this rate, it's likely there will be a bag of frozen prawns left behind the kitchen units.

SGE1

It's a tough one. I guess the question is, do you think your landlord will withhold the deposit for no reason?

I would personally pay the last month's rent, give notice (remember the notice needs to expire at the end of a rental period, so the day of a month when you would normally pay rent), but be very clear to your landlord about your intentions to ask for the full deposit. If you're clear about what you want, and you show some savvy when it comes to your rights, that can often be enough to deter landlords from trying to take advantage of you.

Oh a periodic tenancies are fine - landlords need to give 2 months' notice, tenants only one, so it seems like a decent deal to me.

A few questions that will help guesstimate whether you're likely to have any trouble getting the deposit back:

1. Was there an inventory when you checked in? Have you replaced everything you've broken?
2. Is your deposit protected?

Fire_Fox

Have you been putting your complaints into writing?

theartfullodger

If your tenancy started 3.5 yrs ago then presumably that was before 6th April 2007 when the "Deposit Protection" legislation came in.., so your deposit won't be protected...

See
http://www.direct.gov.uk/en/TenancyDeposit/index.htm

Re. not paying the last month;;; you are obliged by the contract you signed to pay it.. if you are thinking about not paying, think if you will ever need a reference from this Landlord...

Cheers!

Lodger

pinkshoes

Bad landlord or not, your deposit is not your rent.

Do the honourable thing and give your 1 month notice (from a rent date), and pay your last month of rent.

If for some reason your LL decides not to give your deposit back, just write them a letter giving him 7 days to pay before you take him to the small claims court. It usually works...

Did you sign an inventory when you moved in?