Landlord has given us T&C in contract but has verbally altered them....

GAP_2

Hello,

I hope someone can help.

We are due to move out of the fully furnished flat we are renting in less than a month.

Our landlord has used a well known high street estate agents to rent the flat to us - however, they seem only to have drawn up the contract and taken the deposit as he has been the 'main man' whenever there has been a problem in the past.

So, our contract states two months notice to be given prior to moving. However, when we moved in, the landlord told us that he would be willing to accept just one. The contract has also stated other things that he has said to 'ignore' effectively in the past - like warning him when we were on holiday and therefore the flat was empty for more than two weeks.

Now we have given him a months notice and he has written to us saying that if he doesn't find someone to replace us in by the date of us leaving, he will continue to charge us for one more month! :eek: I find this ridiculous - even if we stop the standing order for the rent obviously he will simply keep our deposit! We really really need the money since we are leaving the country on the 12th of September for NZ (emigrating)

Please advise me on what I need to say to him/ where I stand?

On a slightly different thread, how clean does clean have to be before leaving the flat - we are on the fifth floor so I am guessing this doesn't mean we need to clean the outside windows? We can wash curtains etc etc but I am nervous that there is something we are going to miss and which will come back on us! Is it worth hiring someone for a few hours in your opinion to sort this type of thing out?

Many thanks in advance!

GAP

black-saturn

Sorry but I think you should ignore the verbal agreement and stick to what it says in the legally binding contract. A verbal agreement will not stand up in court.

clutton_2

there are about 4 threads on here at the moment about this very subject. There is a lot of excellent advice on them - black-saturn will normally be right, but, various Housing Acts state that tenants need only give one months notice. A landlord cannot over-ride that by putting a different clause in an agreement.

May i suggest you contact your local authority Private Lettings officer and see if s/he can explain things to your landlord, who appears not to know the law.

musey

Agree with clutton, also if you are leaving at the end of your fixed term (at the date detailed as the end of the contract) you do not in fact need to give notice at all, however I alway think that 1 month's notice whilst not obligatory is polite.

Tassotti

The post above is correct. Let your LL know that you will be giving
1 months notice, as this is what is required by law, and, if he withholds your deposit, you will take him to the small claims court.

With regards to the cleaning, I always present a property to a tenant that has been professionally cleaned (property not tenant), and expect it back in the same condition.

GAP_2

Many thanks for the informative replies. I will be writing to my Landlord this weekend. The tenancy was for one year fixed and after that 'rolling' until either side gave notice. So we have already met the terms demanded by the contract so I think that we have been reasonable in giving just over a months notice in fact.


And I am off to get a professional cleaner for a few hours.........

GAP_2

Hi again,

Looking carefully at my contract it states that it is an assured shorthold tenancy and that under 'special tenancy conditions' that

"following the expiry of four months from the date hereof the Tenant may give ot the Landlord or the Landlords agent two months notice in writing to terminate the tenancy and upon the expiration of the period of such notice the tenancy hereby created shall cease...."

So....am I still OK to give one months notice?? fingers are crossed...... :.(

TAZ

during the intial fixed period of the lease you should give the notice written in the contraxct HOWEVER you have said the tenancy became a rolling (periodic) tenancy since the end of the fixed period therefore 1 months notice is all you legally have to give.
hth

Tassotti

Make sure you keep the receipt from the cleaners and take photographs of the condition of the property before you move out.

Thinking about it, before you get the pros in, did you sign an inventory when you first moved in?

GAP_2

Yes there was an inventory that we signed when we moved in....

clutton_2

this is Shelters advice



It is possible for a tenancy to be surrendered at any time. Get your landlord's agreement in writing if possible to avoid problems later.

If you have a periodic tenancy, you have to give one month's notice in writing (or longer if you pay your rent less often). The notice should end on the day that your rent is due. Once the notice ends your tenancy ends and you no longer have any right to live in your home.

If you have a fixed term tenancy you will only be able to give notice during the fixed term if your tenancy agreement says it is allowed. The length of notice you have to give depends on what your tenancy agreement says. It is possible to leave on the day your tenancy ends without giving any notice, but it is best to do so if you can, especially if you have paid a deposit and need it back.