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

LittleJo

Hi,
In general, verbal contracts are worth the paper they are written on.
Jo

Tassotti

GAP wrote:

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

Did the inventory state that the property had been professionally cleaned?

Was it clean when you moved in?

Tassotti

clutton wrote:

this is Shelters advice
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.

This is slightly ambiguous.

eg the AST could state that 6 months notice must be given. However, this would be classed as an unfair term (as would 2 months).

Legally, no notice has to be given at the end of a fixed term, but I think it is courteous to give at least a month.

clutton_2

Tass - i know it is - i'm gonna phone NLA tomorrow - see if i can get the definitive answer on this

musey

Op when does your contract end? Are you still within the fixed term?

GAP_2

The contract we signed was for the period June 2004 to June 2005. We have not received another agreement since the beginning of the tenancy so I am assuming the law states that it is now a rolling or periodic tenancy and so we are right in only giving a months notice now as we pay rent monthly.

And no, the inventory does not say anything about cleaning. The flat was in a clean condition when we moved in though.

clutton_2

you are now in a periodic tenancy and as shelter says above one months notice is all that is necessary

"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."

if you pay your rent on the 1st of the month, then you should hand in your one month's written notice dated the 1st of the month, thus making it end on the 31st of the month

GAP_2

Many thanks to all who have helped me here - I have now written to my landlord stating the above - ie its a periodic tenancy and we only have to give a months notice. I didn't say anything about small claims court though since I need to 'be nice' until he threatens to take our deposit I guess since we need a 'renting' reference for New Zealand. Watch this space......

Tassotti

If it does come to applying to the court for your deposit back, you can do this online, so can do it from NZ

By the way, have a wonderful life in NZ...gotta be better than here