Notice with an expired contract?

N79

Alisha2008 wrote: »

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..

Well then I'm sorry to say but the answer to your question is that you will have to take her to court. If you are not willing to do this (ie stand up for your rights) then you may as well concede to her demands and give her two months notice.

Step 1 is to check that your deposit should have been protected (annual rent below 25000, new tenancy agreement signed since April 2007)

Step 2 is to check the three deposit protection schemes (DPS, TDS and mydeposits) to see if yours is protected. You can do this by phone or on line. If it is not protected then post back.

G_M

She (and her probobly mythical) lawyer are wrong.

However, if the deposit is not protected and she holds it, she will probobly take the extra months rent from the deposit and YOU will then have to sue HER.

If the deposit is protected, SHE will have to convince the protection scheme arbitration process she is entitled to it before she can get it released to her.

Put pressure on her to get it protected. Full details of schemes here.

Alisha2008

I WANT to stand up for my rights, but I have no experience in courts. She probably has an insurance which cover her costs, but I don't, and if there a change I lose (which there always is, law is never black or white), I don't want to risk spending money on lawyers, etc, I'd rather give her the money...

Can't she access the deposit if it's protected??

I tried TDS, DPS and mydeposits websites. The first one online service is down, I tried ringing but they said they need the reference (which we don't have). The other said my deposit isn't on them.

BitterAndTwisted

Actually, in this instance the law is back and white! If you've served your notice correctly and leave on the right date then she cannot insist on taking another month's rent from your deposit. End of.

Catblue

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

You don't have to come to an agreement with her. How does she intend to force you to stay in the property exactly? You just pack up and leave. Make sure you take photographs of the house after you have cleaned it. Was there an inventory?

Write back (recorded delivery), state that you are clear on the law, and will be leaving on X date. Also ask her to provide details in writing of where your deposit is held.

If the deposit is protected, then she would need to raise a dispute with the deposit service. You would then provide your evidence that you only give one month's notice and then the deposit service would rule in your favour and return the deposit to you.

Alisha2008

I served the notice last Friday, by email and also on a letter recorded delivery.

There wasn't an inventory, but we intend to leave everything professionaly clean, as we found it.

We are leaving on the 3rd on January, no doubt of that. I don't know if she wants me to pay the extra month or she's thinking of taking the money of the deposit...

According to her, she spoke to the lawyer that runs the [FONT=&quot]Landlords Advice Line and was told the notice is 2 months, as stated on the contract, and that the CAB was giving incorrect advice. She also said she would send documents to prove this, but if the law is black and white in this case, this should be impossible no??

I will wait for the documents and post here what comes on them, what I can't understand is why she's being so stubborn if it's so clear we are right and she's not...
[/FONT]

BitterAndTwisted

If there was no inventory at the start of your tenancy she cannot prove that any dirt or damage at the end was caused by you so no deductions can be made.

Protecting your deposit in one of the three approved schemes is a legal requirement and there could be a penalty imposed by the courts for not doing so.

You've been reading the legislation yourself so you know that she's only entitled to one month's notice, so she's either ill-informed or bluffing.

Alisha2008

I will post when I get the supposed documents from that lawyer, or hopefully an email saying he couldn't find any, as we all think they do not exist!!!

Thanks to everyone, this forum has been very helpful.

sonastin

Alisha2008 wrote: »

According to her, she spoke to the lawyer that runs the [FONT=&quot]Landlords Advice Line and was told the notice is 2 months, as stated on the contract, and that the CAB was giving incorrect advice. She also said she would send documents to prove this, but if the law is black and white in this case, this should be impossible no??[/FONT]

Either
a) she asked the wrong question so she got the wrong answer,
b) asked the right question but didn't understand (or listen to!) the answer she was given and is misquoting it
c) she has been told she is wrong but has decided against the lawyers advice that she is right and is (either knowingly or blinkeredly) bluffing in the hope that you'll back down
d) the lawyer was incompetent.

You should keep pushing on the deposit protection issue because if she maintains the "la-la-la I'm not listening" attitude, there could be a windfall in it for you (3x the deposit). I believe you have to give her ample opportunity to protect it before the court would award 3x now but once its protected you can get it all back so really its a win-win scenario for you.

G_M

she spoke to the lawyer that runs the [FONT=&quot]Landlords Advice Line and was told the notice is 2 months,[/FONT]

The LANDLORD has to give 2 months notice.

"Section 21 of The Housing Act 1988, stated that a minimum of two months notice must be served on a tenant. In 1996 the Housing Act was amended slightly and under section 98 of the 1996 Housing Act it is stated that the notice must be served in writing."

As for notice by the tenant, it is ONE month.

However there is an interesting debate on Landlordzone here regarding the validity of the one month's notice if it is / is not aligned with the rent periods.