Notice from Landlady to move out

Fire_Fox

<sebb> wrote: »

Dont get me wrong, I completely agree with you. There are far too many unscrupulous landlords out there, and just as many tenants willing to screw people over. Of course a landlord should do their basic research and respect their tenants rights. But all I'm saying is that people dont always have to rely on the letter of the law. Sometimes an experience like this is all it takes to make a landlord/tenant realise the errors of their ways and then in future act in accordance with the law.

It's most certainly not the tenants job to educate the landlord, but what harm can a civil conversation do? In a lot of situations it can end up with a mutually beneficial situation without the need to involve the courts and the side effect is the next tenants dont need to deal with the same crappy situation.

It's not the letter of the law tho is it? This isn't about one tiny transgression, this landlord has made numerous errors. Even if you ignore one there is another to trip her up. This thread is about the OP, not about future tenants.

A civil conversation will involve the OP showing all his cards. The minute he tells the landlord that (a) one months notice is insufficient (b) telephone notice isn't an S21 (c) the deposit isn't lodged so notice is not valid anyway, the landlord has the knowledge and power to slap a valid S21 on the OP.

To my mind the landlord is lazy, bordering on negligent. Perhaps she will learn her lesson from the inconvenience of having two paying tenants in situ two months longer than she had hoped. I can't imagine this will be any more inconvenient than the OP having to find alternative accommodation for the couple of months before he goes travelling.

dopester

Mongy wrote: »

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?

If circumstances go on to show your deposit wasn't protected as it should be, you should apply for a court order and get the x3 penalty/fine, + your deposit protected, and all the paperwork with it.

On principle, the time you've put into it, you owe it to yourself to get that £1,500 as well as it being a lesson for the landlady.

Unlike others here, I don't believe it is up for you to get yourself educated about all the ins-and-outs of what a landlord must do, then do the landlady's work for her, and then guide her on stuff to become a better landlady in the future, out of your own goodwill.

You have been paying her for a service, and there are minimum standards she should be aware of if she is in the business of letting out property. It's beyond belief some people believe it's your duty to explain and teach and compromise with the landlady person who gave you notice over the telephone. :mad:

<sebb> wrote: »

you can let her know that she needs to take a bit more care when letting, and hopefully she'll become a better landlord in the future.

When it comes time for you to leave, if you have paperwork (court order stuff from the fine/penalty) showing she hadn't protected your deposit in the first place, I think this might also have some leverage against any fluffy claims the landlady might try to make about inventory or damage, when you seek your deposit returned.

Mongy

<sebb> wrote: »

IMO it's great that you are reading up on your rights and you are perfectly within your rights to use the law to your advantage, but this thread makes me a little bit uncomfortable. Yes your landlord is in the wrong for not checking her responsibilities as a landlord, but do you really need to take advantage of that? Cant you just call her and ask her why she needs the flat back. Tell her why it's important for you to stay. You never know, you might just be able to come to a mutual agreement that suits you both. Perhaps after this is all settled you can let her know that she needs to take a bit more care when letting, and hopefully she'll become a better landlord in the future.

I appreciate what you are saying and if you see my previous posts I originally said I would email or phone her etc and then other people suggested not to and I think doing it 'by the book' in writing is definately the correct course of action.

I think a letter to her asking about the deposit first and then hopefully that will get her thinking and doing a bit of research and then her doing it the correct way.

You say that I am looking to take advantage when I am not. She is trying to take advantage of me and my flatmate. It may just be naivety on her part but she has still dropped us in it with a quick phonecall. I have stated that all I want to do would stay until mid-June (which is when I am entitled to) and get my full deposit back. I am not looking to cause her any un-necessary hassle or go down the court route as it has been an easy tenancy so far.

Unfortuanately it has come at an awkward time for me as I am travelling in September. Moving in June (or even later) would make a huge difference for me as I could live at my mums for 3 months or less rather than 5 or 6 which i;m sure would drive us both mad :eek: or find a brand new flat just for a short period.

I;ve spoken to my flatmate this morning any way and he agrees the same so i'll draft a letter today about the deposit scheme and then take it from there.

dopester

Why ask her about the deposit scheme?

Why not just keep it general, and write to say you wish to confirm the £500 deposit you paid remains safe and unspent. (or something like that)

For my records, please can you tell me, in writing by mail, where the £500 deposit I paid you for flat/house is held?

Then she can reply. If it's not protected, and she doesn't bother to inform herself of the laws... she might reply telling you it's safe in a savings account or something.

As far as I can make out, even if she rushes to protect it, and also sends you all the necessary info that is required to go with it, she'd still be liable to paying a x3 penalty to you.

http://www.landlordzone.co.uk/forums/showthread.php?t=9323

princeofpounds

Trust me, you would have no problem staying until July or maybe even August if you really wanted to. The ONLY thing that can make you move out are the court bailiffs serving a court order for eviction.

If you don't care about references and want to delay, the best thing to do is nothing (except checking with the schemes - not the landlady - to make sure your deposit is not protected). As far as you are concerned nothing has happened until you get a proper, valid section 21. She will eventually figure it out but with 2 months minimum notice, 2 months for a court date and another 1-2 months for a bailiff appointment you will be home free.

I'm not advising that, I'm just telling you it can be done. It's obviously best to play a bit more fair although i agree that it is not your responsibility to educate or help your landlord.

The advice you have been given above is generally very good.

One extra point on the deposit protection however - the most recent information (check out nearlylegal people) is that Justice Tugendhat decided that the landlord can potentially avoid the 3x penalty by late compliance, even though a consensus had formed in the opposite direction in the lower courts. The judgement is a bit technical because he did however find that landlords can be penalised IF the scheme had as one of its own published requirements (distinct to that in the legislation) that the deposit was protected within 14 days. One of them did cotton on and start to include this at one stage. The others may do so now which would fix the issue.

The judge did imply that this may not have been the intent of the legislation, but that it wasn't well drafted and that's not his problem.

Alex_LS

teeni wrote: »

Not so if the 2 months is given within the fixed term it ends on the last day of the 6 month tenancy period if two months left or if issued anytime up to the expiry date ofthe tenancy 2 months after issue even if that runs past the tenancy expiry date..

Tenant can move out on the last day of the fixed period with no notice. If leaving after that, the tenant must give one month's notice.

LL must give 2 months' notice at all times.