Notice with an expired contract?

Alisha2008

Is this the clause: ?

“under which, subject to the following provisions of this Part of this Act, the other terms are the same as those of the fixed term tenancy immediately before it came to an end, except that any term which makes provision for determination by the landlord or the tenant shall not have effect while the tenancy remains an assured tenancy.”

I've copied it from another post in this same forum, and have checked the Housing Act itself on another website but didn't find anything more specific. This one is from Section 5.

Is it possible that the contract says anything that contradicts this, even if it expired more than 1 year ago? I'm pretty sure it doesn't say anything, but I want to double check tonight before sending this to the LL, I want to be 100% sure of my rights...

I want to serve notice this week to leave the 3rd of January, if possible.

N79

Alisha2008 wrote: »

Is this the clause: ?

“under which, subject to the following provisions of this Part of this Act, the other terms are the same as those of the fixed term tenancy immediately before it came to an end, except that any term which makes provision for determination by the landlord or the tenant shall not have effect while the tenancy remains an assured tenancy.”

Kerching - you win the star prize!

I've copied it from another post in this same forum, and have checked the Housing Act itself on another website but didn't find anything more specific. This one is from Section 5.

Is it possible that the contract says anything that contradicts this, even if it expired more than 1 year ago? I'm pretty sure it doesn't say anything, but I want to double check tonight before sending this to the LL, I want to be 100% sure of my rights...

In all cases statute (the act) overides the contract. As an aside, that is why a LL can not make a T liable for repairing the fabric of a propery. However, this is not necessary here as the statute states that any notice terms no longer apply once a tenancy goes periodic.

I want to serve notice this week to leave the 3rd of January, if possible.

Go ahead. Its perfectly possible.

Alisha2008

Thanks a lot !

I'm sending her the email with that paragraph today, hope she accepts it!!

N79

Alisha2008 wrote: »

Thanks a lot !

I'm sending her the email with that paragraph today, hope she accepts it!!

Forget worrying about the legalese - just serve your notice and leave. There is nothing the LL can do.

Note you must serve your notice in writing - email is not good enough in the event of a dispute. Just write a short letter and send it recorded to your LL.

Jowo_2

Here's the same information, aimed at landlords. It's the landlord that requires to give the tenant two months' notice.

http://www.landlordzone.co.uk/notice_to_quit.htm

Alisha2008

All done. Sent the email with a copy of the law and the recorded delivery letter. Hope it all goes well!

Alisha2008

Well, this doesn't end... my LL has replied saying I'm wrong, she has spoken to her lawyer and we have to give 2 months notice as it says on the (expired) contract.

She said she's sending documents later in the week to prove this, which I find difficult to believe..

Anyone can tell me how to dispute this if we finally do not reach an agreement?

Thanks

N79

Alisha2008 wrote: »

Well, this doesn't end... my LL has replied saying I'm wrong, she has spoken to her lawyer and we have to give 2 months notice as it says on the (expired) contract.

She said she's sending documents later in the week to prove this, which I find difficult to believe..

Anyone can tell me how to dispute this if we finally do not reach an agreement?

Thanks

Just proceed with leaving and don't pay any extra rent. It will be for your LL to prove any deductions they believe are justified.

Just to check, is your deposit protected? If it is then that simplifies matters. If it is not then it would be better to put pressure on the LL now before the tenancy ends to rectify matters.

sequence

She's just trying to use scare tactics of have a lawyer behind her to try and get you to pay more rent than necessary.

You are right, just leave with the one months notice.

Alisha2008

If the deposit is protected, she didn't notify us. (I think she should have 14 days after we moved in??)

I didn't want to use this against her, but I might have to...

She said she was sending documents to prove she's right, I'm really curious to see them.

If we don't pay the extra month, and she deducts it from the deposit, what can we do?

I don't want to take this to court..