Quick Q about inventory/giving notice and S21.

shellsuit

If, on a tenancy agreement, it says the tenant must give a months notice, BUT in the past, they have been served a Section 21 (I think that's what it's called?), do they still have to give a months notice or can they give less?

Also, if there was no inventory done, can the LL try to deduct anything from the deposit, about things which are fair wear and tear? (Such as traffic areas on carpets/old kitchen cupboards falling to bits etc)

Don't know if it makes a difference, but the tenancy started in 1998.

Thanks for any advice!

BitterAndTwisted

When the original tenancy agreement expired was a new one put in place? When was the Section21 served? When do you want to leave the property?

If there was no detailed inventory done at the start of the tenancy noting the exact state of everything the landlord is going to have a very difficult time indeed proving that the property was not returned in exactly the same state it was at the start.

shellsuit

BitterAndTwisted wrote: »

When the original tenancy agreement expired was a new one put in place? When was the Section21 served? When do you want to leave the property?

If there was no detailed inventory done at the start of the tenancy noting the exact state of everything the landlord is going to have a very difficult time indeed proving that the property was not returned in exactly the same state it was at the start.

No further tenancy agreement was ever issued.

S21 was issued in 2005 or 2006, can't remember exactly sorry. It was for rent arrears (4 weeks), but those were cleared up the morning after the S21 was received and agents said that would be fine, so everythings just gone on as normal since then.

Won't know about leaving dates until next week at the earliest, just trying to jiggle figures about at the moment, as with the new tenancy, it will mean having to pay rent there and rent also for the current property.

No, nothing was mentioned in detail on the agreement, it just mentioned that a few things should be kept in good condition and they will allow for fair wear and tear. (wardrobes, fridge, wheelie bins etc).

Thanks for the advice, very helpful!

BitterAndTwisted

It sounds to me that you will have to give one month's notice coinciding with the rent-payment date. That is NOT the same as giving one calender month's notice.

The issue of fair wear and tear isn't them being generous, it's the law although what actually constitutes fwat depends on the age of the items themselves. For instance, if the items were over ten years old they should have already been replaced some time ago, I reckon.

Is the landlord in possession of your deposit and do you have a receipt for it?

theartfullodger

Don't know if it makes a difference, but the tenancy started in 1998.

Key question was when was the last new tenancy agreement signed... if after 6th April 2007 then tenancy deposit legislation applies...

Tenant & LL can of course agree (but don't have to..) to tenancy ending and any date/time (eg tonite @ 10:30pm...) but get it in writing...

No inventory would make life very difficult for LL to deduct if tenancy post 6th April 2007, if beforehand then I'd be inclined to go for small-claims court for the deposit back.. assuming you are tenant...

Cheers!

Lodger

shellsuit

BitterAndTwisted wrote: »

It sounds to me that you will have to give one month's notice coinciding with the rent-payment date. That is NOT the same as giving one calender month's notice.

The issue of fair wear and tear isn't them being generous, it's the law although what actually constitutes fwat depends on the age of the items themselves. For instance, if the items were over ten years old they should have already been replaced some time ago, I reckon.

Is the landlord in possession of your deposit and do you have a receipt for it?

So if the rent is due on a Monday, it will be 4 weeks notice from the following Monday after giving notice (unless I give notice actually on a Monday)? Is that right?

I thought if a S21 had been served, that I could walk out of here whenever I wanted to without giving notice? (Not that I would, but it's just what I've read in the past).

Anything that is mentioned on the agreement would be almost 12 years old at least anyway, unless I have replaced it myself.

Deposit was given by the agents at time of signing, I did have a receipt, it was almost 12 years ago now so it's been mislaid, although it does state on the tenancy agreement how much deposit was paid.

shellsuit

theartfullodger wrote: »

Key question was when was the last new tenancy agreement signed... if after 6th April 2007 then tenancy deposit legislation applies...

Tenant & LL can of course agree (but don't have to..) to tenancy ending and any date/time (eg tonite @ 10:30pm...) but get it in writing...

No inventory would make life very difficult for LL to deduct if tenancy post 6th April 2007, if beforehand then I'd be inclined to go for small-claims court for the deposit back.. assuming you are tenant...

Cheers!

Lodger

There is no other tenancy agreement, there has only ever been one, which was signed in July 1998.

BitterAndTwisted

Please look at your tenancy agreement about the notice-period. It is very unusual to have rent falling due weekly in advance even if that was how you paid it in the past

shellsuit

BitterAndTwisted wrote: »

Please look at your tenancy agreement about the notice-period. It is very unusual to have rent falling due weekly in advance even if that was how you paid it in the past

I'll dig it out and have a look, thanks!

shellsuit

Phew, thought I was going to have to go digging but luckily it was right where I thought it was.

First thing I have noticed on it is this...

This agreement may be used for residential tenancies of three years or less. Agreements for tenancies of a longer duration should be drawn up by deed.

Would that be a problem, with the tenancy almost being 12 years now?!

It states..

Rent - £X per week.

Payment - In advance by equal weekly payments.


Amongst the other blurb is says...

One months notice must be given by the tenant from a rent due day (Monday for a weekly tenancy, or due date on the month for a monthly tenancy)

Say for example though, that I wanted to give 3 weeks notice, would I be able to because of the S21 being served in the past? I might not, but as I've explained, I won't know more about dates until next week sometime.

clutton_2

why not just talk to your landlord explain your situation and come to an agreement .as to when you can leave ...