Notice from Landlady to move out

Mongy

Hi, I have done a search for there thread but nothing recent came up but sorry if it is a common question.

My landlady rang last night to say she was giving a months notice for me (and my flatmate) to move out.

We are both on different contracts as moved in at different times.

My contract says the comencement date was 7/10/09 but there is no actual expiration date written on the contract. I actually moved into the flat and paid my first rent on 16/10/09 as there was a problem with the room before I moved it.

From googling and the previous thread i found on MSE it appears that I would need written notice of eviction giving at least 2 full rental periods.

Because I have not been at my flat six months would the notice period start from the day before the six month date (ie 6th April) therefore meaning I have until 6th June to move out?

Is this still the case even though my contract does not have an expiration date written on it? is it just assumed that the inital contract period is 6 months, or would the case be because there is no expiration date that notice period would start from now even though it is only 5 months (therefore giving me till 6th May) ?

Because I didnt actually move into the flat until the 16th October and all my rent payments have been made on 16th of each month would I have until the 15th of May or June to move out, even though the contract states the 7th of each month?

Also I am worried that if I were to stay in my flat longer the LL would think that I am being awkward and be less forthcoming with returning my deposit (£500). I am worried that an inventory was not done properly. I did not do one when I moved in, nor did my flatmate who moved in 11 months prior to me. One was apparantly done by the person who he originally lived with. No damage has been done to the flat but could this be a problem if the landlady saw me as being awkward by not moving within a month and therefore withhold my deposit just citing damage to the flat or someother excuse?

Any advice is welcomed and hope that all makes sense. Thanks :beer:

clutton_2

is your deposit lodged with a deposit protection scheme ?

Mongy

clutton wrote: »

is your deposit lodged with a deposit protection scheme ?

not that i'm aware of, i just paid to the landlady

Mongy

ive just googled deposit protection scheme and no, im not registered but apparantly by law it should be protected and it was her responsibilty to do this?

Soot2006

Mongy wrote: »

ive just googled deposit protection scheme and no, im not registered but apparantly by law it should be protected and it was her responsibilty to do this?

Yup. Do you have a receipt for the deposit?

... and notice shouldn't really be given over the phone.
(should be given using a Section 21 ... which is invalid if the deposit is not protected)

Sounds likely that she doesn't have permission to rent out the flat & hasn't educated herself about being a LL!

Sammy85_2

Mongy wrote: »

ive just googled deposit protection scheme and no, im not registered but apparantly by law it should be protected and it was her responsibilty to do this?

You wouldnt be able to tell if it is in a schem by simply googling, you have to contact each scheme and ask if they have it.

It is possible (but fairly unlikely) that your LL has simply not informed you of it being lodged.

dopester

Sammy85 wrote: »

It is possible (but fairly unlikely) that your LL has simply not informed you of it being lodged.

Within 14 days of receiving the deposit from the tenant, the landlord (or agent) must inform the tenant how their deposit is protected. The details must include:

• a. The contact details of the chosen tenancy deposit scheme
• b. The contact details of the landlord (or agent)
• c. The methods for applying for the release of the deposit
• d. An explanation of the purpose of the deposit
• e. The steps to take if there is a dispute about the deposit

Then, at the end of the tenancy, one of three things will happen:

More here
http://www.inventoryplus.co.uk/tenancy-deposit-protection-scheme.html

dopester

If the landlord doesn’t protect your deposit

If your landlord doesn't place your deposit into a protection scheme, there are a number of sanctions:

• they cannot use the normal Section 21 (Housing Act 1988) procedure to get possession of your home at the end of the tenancy period.
• you can apply to court for an order requiring that the deposit is safeguarded. The court can order the landlord to repay the deposit, or to place the deposit in a custodial scheme. And the court must order the landlord to pay you a fine three times the deposit amount within 14 days.

http://www.manchester.gov.uk/info/108/private_tenants-advice_and_support/1892/tenants_deposit/4

However if the landlord hasn't got permission from their mortgage company to rent out the property, it can greatly affect your position as a tenant.

Mongy

ok thanks for the replies everyone.

as far as I am aware I am not registered with a scheme. I have been given no certificate and i dont think my flatmate has either, although she may have done this and not informed us.

If it is not registered in a scheme how does that affect us? I have got a receipt for my deposit, also my bank statement will show the payment with the extra £500.

they cannot use the normal Section 21 (Housing Act 1988) procedure to get possession of your home at the end of the tenancy period.

Does this mean i could potentially stay longer? If i advise her about the deposit scheme can she start the scheme from now, or could I potentially start court proceedings against her?

My LL is not a professional landlady and it definately looks as if she didnt do her research (unfortuanely neither did I at the time!).

How could it affect us is she did not have permission from her mortgage company to rent the flat out? could this mean we could be evicted sooner? would this be something to keep quiet from her if she is not aware?

also one of my main queries is that seeing as I have been in the flat only 5 months will my 2 month notice period begin at the 6th month thus giving me until mid June until I would need to move out? As my tenancy agreement doesnt specify an expiration date?

pingu2209

Do you want to stay? Is it a problem to move out? I only ask as it seems a lot of bother asking the LL for the deposit to be protected and to ensure you get 2 months notice if in fact there is not a problem for you?

Alex_LS

Mongy wrote: »

Because I have not been at my flat six months would the notice period start from the day before the six month date (ie 6th April) therefore meaning I have until 6th June to move out?

Is this still the case even though my contract does not have an expiration date written on it? is it just assumed that the inital contract period is 6 months, or would the case be because there is no expiration date that notice period would start from now even though it is only 5 months (therefore giving me till 6th May) ?

Because I didnt actually move into the flat until the 16th October and all my rent payments have been made on 16th of each month would I have until the 15th of May or June to move out, even though the contract states the 7th of each month?

Also I am worried that if I were to stay in my flat longer the LL would think that I am being awkward and be less forthcoming with returning my deposit (£500). I am worried that an inventory was not done properly. I did not do one when I moved in, nor did my flatmate who moved in 11 months prior to me. One was apparantly done by the person who he originally lived with. No damage has been done to the flat but could this be a problem if the landlady saw me as being awkward by not moving within a month and therefore withhold my deposit just citing damage to the flat or someother excuse?

The notice (when you receive it, and assuming it's lawful) will take effect from the next rental date (i.e. 7th April) and must be for a minimum of 2 months. Therefore, you would have until 6th June.

She is legally obliged to inform you of how the deposit is protected. If it is not protected, or if she has not informed you, she cannot issue a S21 notice and is liable for the fine as mentioned above.

Regarding being 'awkward' - there's no lawful way for her to be awkward. She can only deduct from the deposit for dilapidations, not just because she feels like it. It would be up to her to prove any damage; next to impossible without a full check-in inventory.

First step is to pursue the deposit protection question; that way you can easily dispute the attempted deductions when you eventually leave; not to mention the potential £1500 she may have to pay you *in addition*.