Lose deposit (rental)

mumslave

Hi there,

My brother recently approached me with a view to renting his property. He needs someone in there by the end of august.

We are currently on a 12 month tenancy which ends the beginning of September.

If we were to take the house from my brother, we would only be giving one months notice, the lease states two.

With that in mind, am i correct in thinking that means we would lose our deposit?

It may be a bit of a stupid question, but I am trying to work out finances, thanks.

mynameisdave

I am fairly sure 2 months notice is not enofrcable. A Tenant only need give 1 months notice irrespective of what the lease may say

mumslave

mynameisdave wrote: »

I am fairly sure 2 months notice is not enofrcable. A Tenant only need give 1 months notice irrespective of what the lease may say

The problem is, we have misplaced the lease (I know, I know). So we can only go on what he has told us. We asked for another copy of it, which he was going to drop in to us last week but hasnt as of yet.

lizzielondon

mynameisdave wrote: »

I am fairly sure 2 months notice is not enofrcable. A Tenant only need give 1 months notice irrespective of what the lease may say

this is only the case outside a fixed term and the op has said she is in one until september

op you can not give notice to leave before the last date of your fixed term in september unless you have a break clause, do you? if you don't and do leave ou will be liable for the rent until the end of your fixed term

gauly

I believe that legally on a fixed term tenancy you can leave on the last day of your contract with no notice at all (though obviously it is polite to do so). If you stay even one day over the end of your contract then you start a new periodic tenancy (where you have to give one months notice and the landlord two). Just tell the landlord that you will be leaving at the end of your fixed term. If your deposit is registered in a scheme then you should get your money back whatever your landlord says.

mynameisdave

lizzielondon wrote: »

this is only the case outside a fixed term and the op has said she is in one until september

op you can not give notice to leave before the last date of your fixed term in september unless you have a break clause, do you? if you don't and do leave ou will be liable for the rent until the end of your fixed term

True, wasn't clear enough in stating what I meant. Unlless I am hideously mistaken, as the month from x August y Septmeber will be the last day of the fixed term they only need to give that one month as that will take it to the end of the fixed term?

I can understand two months notice being required if, they were wanting to give notice in June but now due to the time passed in the term only one month is needed?

There might be a bit of rental overlap but that would be preferable. It would mean that the obligations to cover all rent to the current LL are covered and the deposit should, assuming no damage, be returned.

There is nothing to stop you moving out and into your brother's house, so long as all outstanding rent to the current LL is paid.

lizzielondon

lizzielondon wrote: »

this is only the case outside a fixed term and the op has said she is in one until september

op you can not give notice to leave before the last date of your fixed term in september unless you have a break clause, do you? if you don't and do leave ou will be liable for the rent until the end of your fixed term

yep sorry just to clarify i meant you cannot give notice to leave and then leave before the end of your fixed term- you can leave on the last day of our fixed term without any notice, although as gauly says it's polite to do so- also bear in mind that many letting agents don't seem to understand this/do and try and persuade you that you can't

lizzielondon

mynameisdave wrote: »

There is nothing to stop you moving out and into your brother's house, so long as all outstanding rent to the current LL is paid.

but tell your landlord if you won't be in the property over a certain number of weeks (should be in your contract when ou find it) as it may invalidate their insurance policy

mumslave

Right so i am liable to pay rent up to the date my lease ends, which is the 4th of september. As I have just paid for august, I presume I owe him no further rent (it would be due again 4th of sept, the day lease terminates) is that correct?

There is no damage and the property will be touched up paint wise when we vacate. Other than the not giving two months notice, there is no reason known to me why we would not get our deposit returned.

lizzielondon

you're correct about paying rent- do let your ll know you'll be leaving at the end of your fixed term

re: deposit was there an inventory/schedule of condition taken at the start of the tenancy? is the deposit in a scheme?

mumslave

lizzielondon wrote: »

you're correct about paying rent- do let your ll know you'll be leaving at the end of your fixed term

re: deposit was there an inventory/schedule of condition taken at the start of the tenancy? is the deposit in a scheme?

There was no inventory, barr the cupboards in the kitchen and the bathroom suite, the place was totally empty (no white goods, no curtains etc) and it had just been completely refurbished , barr a few marks on the walls which will be touched up before we leave, is in the same condition as it was when we arrived. As we are moving to a house with white goods, we are hoping he may want our white goods for other tenants...but thats up to him. We are very good tenants anyways.

I am going to phone him shortly, to let him know we are leaving.It will effectively be just over a months notice.

With regard to our deposit, I am not sure if it is held in a scheme. Thanks.