Rented house end of contract, deposit etc

Lady_K

N79 wrote: »

Use google or directgov website for your first Q and why would you care as an answer to the second?

I did not know what deposit schemes were, but I just put that into google and found some there. Checked one site as that was easy, it only required postcode and name but nothing is registered there. It says when its protected you should get a certificate with a reference number from the agent but she hasnt been given one unless he just didnt pass it on to her. Still have to do the other two sites but they don't do it by postcode, you can check disputes with the code from the certificate but you cant check if its protected with them.

I care about the 2nd q because I don't want to rile the agent up and it cause problems

scottishblondie

You should able to phone them up and check, even if you can't on the website. Plenty of people on here have done it because their landlord hasn't given them any info. Shouldn't be a problem.

Has your daughter had any luck getting in contact with the LA?

clutton_2

""but you cant check if its protected with them. " - yes you can.... that is whole point of having TDS schemes - give them a call

Lady_K

She has contacted the agent by text and he rang her back in less than a minute to say she was supposed to give a minimum of 2 months notice I just did not see that bit on the agreement there is so much writing Daughter checked it too but neved saw it either and we particularly looked for that

She asked if there was anyway to get around it and he said yes if another tennant moved in and this might be possible as he has a waiting list for properties in that area but I'm confused about this bit.. He said she would have to pay 30% of the first months rent if a new tennant moved in before the 2 month notice term because the landlord usually pays this. He has given her an email address and says it needs the notice of leaving needs to be in writing

BitterAndTwisted

It sounds to me like the agent doesn't know what he's talking about. Read the AST agreement again and double-check whether there's mention of the notice-period in it. It is not necessary to give notice at the end of an AST although it is generally good manners to confirm with the agent/landlord that either it will not be renewed or being rolled onto a periodic tenancy.

Don't let your daughter be bullied by this amateur.

Lady_K

It says in the tennants obligations

59. Tennancy break clause
This agreement may be terminated by either party giving to the other at least two months notice in writing to expire at any time after the 6 months from commencement date of this agreement as specified in the clause "term" under the heading "particulars" of this Agreement.

I remember why when I read that I just read it as because it said 'break clause' it was if you wanted to break the contract before it really ended. Plus as it was near the end of the contract papers by the time I got to that part my head was mushed and I just didnt understand it properly

He said it automatically goes onto a rolling contract after the initial contract term, I can't find that in the agreement either

Plus as he said it has to be sent in writing is email really ok for this?

If she sends an email to confirm the start of the 2 month notice period and then finds out that the agent is wrong and she can really move out after her 7 month contract will she still have to stick by the email confirming the 2 months notice? As shes not wrote it yet just in case

She did ask for an address to send it to but he only gave her the email address

BitterAndTwisted

A break clause is not the same thing as an AST fixed-term coming to an end but there appears to be a contradiction somewhere: I thought you said that the fixed-term was for seven months and not six? This might be important as, if the AST was for six months is had already rolled onto being a periodic tenancy. In any case, it's my understanding that ending a periodic tenancy requires the landlord to give two months notice but the tenant only one.

You REALLY need to treble-check with the tenancy deposit schemes so you know whether the deposit has been lodged or not before any more communication between your daughter and the agent takes place. This could turn out to be your daughter's ace in the hole to end the tenancy without having to pay rent over the odds

Lady_K

It says in Particulars

Fixed Term for a period of: 7 months

The Term: The tenancy will be for a term from and including the 18th day of June 2009 ("The Commencement Date") to and including the 18th day of January 2010 ( "The expiration date")

I will check those other two tenancy deposit schemes tomorrow while shes at work but at the moment its best for her not to send the email for the 2 months notice of leaving then?

Shes been in rented accom before and has only ever had to give 1 months notice so we were surprised at 2

Edited to say, another thing that was confusing was the landlord pointing out to her before drawing up the contract it would end on 18th December just before Christmas, he said you don't want to be moving out at Christmas do you it was his suggestion to extend the fixed term to 7 months. This too lead us to naturally assume and feel comfortable that there would be no problems moving out after the 7 months but its suddenly become more complicated, why would he offer to make it a 7 month fixed term rather than 6 if she had to give 2 months notice anyway. I still cant find anything relationg to a rolling contract after so long

With regards to the deposit it states in terms and conditions

Deposit
The tenant shall pay the Deposit as specified in the particulars to the landlord or landlords agent, such deposit money will be held in a designated account without any interest payable to the tenant.

BitterAndTwisted

Lady_K wrote: »

I will check those other two tenancy deposit schemes tomorrow while shes at work but at the moment its best for her not to send the email for the 2 months notice of leaving then?

She must absolutely NOT give any notice in writing at this point. Like I said before, it is not necessary to give any notice whatsoever when an AST is ending if the tenant does not want to extend the tenancy and go onto a rolling periodic. I also said before that this agent sounds like a rank amateur to me and appears to be ignorant or ill-informed but there's no need to do anything whatsoever yet. Once you have treble-checked with all three of the deposit protection organisations, the way forward should be clear.

Please post back once this has been done and you shall receive advice on how your daughter should proceed.

EagerLearner

Hi Lady_K, great advice on here - basically check things thoroughly as has been said with the various deposit agencies. In plain English, he will have broken the law if he did not hold her deposit with one of them. Don't write to him just yet until your facts are 100% clear.