Notice from Landlady to move out

Mongy

pingu2209 wrote: »

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?

It is a problem really. I am going travelling on September 15th. My flight is booked.

Therefore it is an awkward time for me to move and find a new place. Firstly as most places want 6 months tenancy, which i havent got before my flight.

Secondly it is a lot of hassle as I will be moving my belongings twice.

If I could stay until mid June for example my situation would be different. I could crash with friends or my mum for a few months, which is a lot easier for my to do than for 5 months. I could even potentially change my travel plans.

So yes, it is an issue and definately need to know were I stand.

dopester

Mongy wrote: »

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?

You're asking all the good questions. I'd expect it to be more difficult for her to legally evict you, if she hasn't protected your deposit.

To be honest, if you have to chase and enquire with the landlord/lady about your deposit... and if your deposit is not yet actually protected in any scheme... that alone is worth the x3 fine in my opinion.

The hassle of it.. including the time/worry you're spending on this forum right now. It should have been done at the outset (within 14 days or something.). However I don't know the position in law. I'd check with someone who has superior legal knowledge about starting court proceedings even if she rushes through getting deposit protected now (assuming it already isn't.) to get the x3 fine.

As for if she doesn't have permission from her lender to let the place out:.. I think you'd be in a weak position if she found herself in financial difficulties and her lender was looking to repossess. Also it might make it more difficult to bring successful action against her about the deposit / x3 fine, if she didn't have lender's permission to let it out.

Can people with mortgages legally grant a tenancy?

Yes, but only if their mortgage deed says it is allowed and/or they have their lender's permission. Most mortgage agreements do not allow tenancies to be granted without permission, and many lenders will try to repossess the property if they find out that this has happened.

What about buy-to-let mortgages?

If your landlord bought the property through a buy-to-let mortgage, you will normally be in a stronger position than if your landlord's lender did not know that the property was rented out. This is because your tenancy has effectively been formally recognised by the landlord's lender, which means that it is binding on them (see below).

If the lender gets a court order to repossess the property, they would normally have to give you proper notice if they want you to leave. The amount of notice you are entitled to will depend on the type of tenancy you have.

What notice am I entitled to?

Lenders are often unaware that a property has been rented out to tenants, so it is common for legal proceedings to be started (eg for mortgage arrears) without the tenants even being aware that there is a problem.

Since April 2009, lenders are required to send a letter to the property addressed to 'the occupiers', informing everyone who is living at the property of the date of court hearing. They have to do this within five days of the hearing date being confirmed by the court. You should therefore always open post addressed to 'the occupiers' - do not assume that it is junk mail!

After this, the only notice that you will be given is if the court agrees to give the lender possession. If this happens, the court will send a notice to the landlord and 'any other occupiers', informing them of the date that the bailiffs will be coming to repossess the property. This notice (form N54) may only give a few days' notice of an eviction, so get advice immediately if you receive one.

http://england.shelter.org.uk/get_advice/eviction/repossession_by_a_landlords_lender

Mongy

Alex_LS wrote: »

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*.

Thanks Alex, that was the answer that I was hoping for.

I like the LL and the tenancy so far has been hassle free on all sides. I would not like to fall out with the LL but at the end of the day she has not fulfilled her responsibilities as a LL.

I'll email her tonight and inform her of my rights and the fact that I don't need to be out until June and find out whether or not the deposit is protected.

Thanks for the replies so far!

laughingcow81

It might also be an idea to send a recorded delivery letter too, and keep a copy for your own reference in case you need it.

RAS

Mongy wrote: »

I'll email her tonight and inform her of my rights and the fact that I don't need to be out until June and find out whether or not the deposit is protected.

Err no.

Send her a letter registered post asking when and where the deposit is lodged.

Leave the rest for now. Not your job to educate her.

Mongy

RAS wrote: »

Err no.

Send her a letter registered post asking when and where the deposit is lodged.

Leave the rest for now. Not your job to educate her.

ok, so you think don't even mention anything about 2 months notice or anything like that...literally just asking about the Deposit Protection Scheme.

dopester

Mongy wrote: »

ok, so you think don't even mention anything about 2 months notice or anything like that...literally just asking about the Deposit Protection Scheme.

That's the way I'd do it too. Ask her to reply in writing for your records. Assuming the deposit isn't protected, she might write back and admit her fault, by saying it's in her bank account or something.

You want to establish your position as best you can, instead of rushing anything and playing your hand immediately.

Dr.Shoe_2

If she admits that she hasn't lodged your deposit then you can suggest to her your rights then and the sanctions against her for not complying with the law. then I'd tell her that I don't want to fall out with her and that I'd be quite happy to move out at the beginning of June.

Incidently are you a tenant or a lodger?

G_M

Incidently are you a tenant or a lodger?

Although I think the answer has been indicated implicitly (LL phoned to give notice - not likely with a lodger!), it IS a key question. If the answer is lodger, ALL the advice above is erroneous.

Mongy

I'm a tenant.

I think what has been suggested is definately the way to go.

For now I am only assuming that the deposit is not in a scheme and she may well have done it but not informed us. Therefore a letter asking her to clarify the deposit situation first and then take it from there, as suggested.

This thread has put my mind at ease as I now know I am entitled to stay until mid June and I would be happy to do this, continue paying my rent and then have the full deposit back. I don't want any extra hassle from this, or to cause her any un-necessary problems, but just wanted to be sure of my rights. :beer: