Assured Shorthold Tenancy

indiedisco

Hi!

Hoping someone can help!

I am coming to the end of my fixed term assured short hold tenancy. Is it right that I need to give a month's notice? As I thought this was only with Statutory Periodic Tenancies?

My landlord is stating I must pay rent up until 6th September but I believe I only have to pay until 31st August.

Any advice gratefully received!

BitterAndTwisted

Your post isn't very clear but I'm inferring that you've indicated your intention to vacate the property at the end of the fixed term but your landlord claims you've not given enough notice, is that correct?

indiedisco

yes..that is the case. I have a fixed term tenancy and it is due to end at the end of August. I contacted the LL today and let them know that I will be leaving and they have said that they need a month's notice and I will have to pay an additional week's rent.

My contract only mentions a notice period when advising about statutory periodic tenancies.

ceh209

The LL is talking rubbish. Either they don't know what they're on about, or they're hoping you don't.

At the end of a fixed term, you don't HAVE to give any notice. But it's polite to.

Once you stay over the fixed term, you have to give a month's notice to coincide with the end of a rental period. So this 'extra week' malarky is just complete carp!

indiedisco

ceh209 wrote: »

The LL is talking rubbish. Either they don't know what they're on about, or they're hoping you don't.

At the end of a fixed term, you don't HAVE to give any notice. But it's polite to.

Once you stay over the fixed term, you have to give a month's notice to coincide with the end of a rental period. So this 'extra week' malarky is just complete carp!

thank you so much, the LL is a solicitor (or works in the legal profession anyhow) and she just sounds as if she knows what she is talking about,I am glad I looked into it. Is there anything i can quote that will back me up? (apart from my contract)

Gwhiz

indiedisco wrote: »

thank you so much, the LL is a solicitor (or works in the legal profession anyhow) and she just sounds as if she knows what she is talking about,I am glad I looked into it. Is there anything i can quote that will back me up? (apart from my contract)

Just ask them WHY they think you need to give notice seeing as it's a FIXED TERM contract. That'll shut them up

tbs624

indiedisco wrote: »

thank you so much, the LL is a solicitor (or works in the legal profession anyhow) and she just sounds as if she knows what she is talking about,I am glad I looked into it. Is there anything i can quote that will back me up? (apart from my contract)

Your LL may well work in the legal profession but LL& T law may not be her "area"

A T may simply leave at the end of a Fixed Term - if property in Eng/Wales then no notice from T required. It's obviously courteous to let your LL know in advance if you can, as it helps smooth return of deposit ( because you can arrange a pre-exit visit to check areas of potential contention) and/ or the provision of references for your next place. You have let her know in advance so she actually has no cause for complaint.

Did she serve you with a s21 Notice of Intent to Repossess earlier in the tenancy? If so , you could always politely point out that you are helping her out.;)

indiedisco

tbs624 wrote: »

Your LL may well work in the legal profession but LL& T law may not be her "area"

A T may simply leave at the end of a Fixed Term - if property in Eng/Wales then no notice from T required. It's obviously courteous to let your LL know in advance if you can, as it helps smooth return of deposit ( because you can arrange a pre-exit visit to check areas of potential contention) and/ or the provision of references for your next place. You have let her know in advance so she actually has no cause for complaint.

Did she serve you with a s21 Notice of Intent to Repossess earlier in the tenancy? If so , you could always politely point out that you are helping her out.;)

No, no S21 has been given.

she is now bandying about phrases like 'statutory obligations in housing law' - i have asked her to point me in the direction of where these statutory obligations are as all the information I have received suggests that I don't need to give a notice period. (not only MSE but also Shelter)

I have had an awful year living here, repairs have taken ages to be done amongst other things - is there anywhere I can place an official complaint? I'm at my wit's end......

BitterAndTwisted

Stop communicating with your landlady by any means other than in writing. Ask her to confirm what these so-called 'statutory obligations in housing law' are as you have received advice that you are not obliged to give any notice.

I have a feeling that this numpty is going to try and withhold some of your deposit if you can't get her to see sense. Advise her that if she can't locate the exact legislation then she could always consult the landlordzone website for advice. YOUR DEPOSIT IS LODGED WITH ONE OF THE SCHEMES ISN'T IT?

indiedisco

BitterAndTwisted wrote: »

Stop communicating with your landlady by any means other than in writing. Ask her to confirm what these so-called 'statutory obligations in housing law' are as you have received advice that you are not obliged to give any notice.

I have a feeling that this numpty is going to try and withhold some of your deposit if you can't get her to see sense. Advise her that if she can't locate the exact legislation then she could always consult the landlordzone website for advice. YOUR DEPOSIT IS LODGED WITH ONE OF THE SCHEMES ISN'T IT?

I have done the first few things, one problem being that she asked me to direct all post to the flat below when I know that she doesn't live there, she assures me that post is being collected regularly, I don't believe this to be true.

I also have that feeling, it's not good. I have been assured that deposit is in a scheme though i am fully prepared to go to small claims court if there are any problems. Anything to make their lives as unpleasant as my life has been over the past year.

BitterAndTwisted

You can check with all three deposit schemes yourself: I think you just need the full postal address of the property concerned. Did your LL ever confirm which scheme it's in?

What address do you have for your LL on your tenancy agreement? There should be an address quoted on there for the "serving of notices"?