Notice with an expired contract?

Catblue

Alisha,

You really don't need to get involved with what the landlady thinks or does not think. In fact, the more you get into a debate with her the more she will think that she can manipulate you into her way of thinking.

Just ignore whatever she says/does and leave as you intended to.

Write a final letter (recorded delivery again) stating that you have already given one month's written notice and that you now require details in writing from her of where your deposit is held. State that all contact from her should be in writing from now on.

tbs624

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

If this property is in England /Wales then your LL needs to get herself a new lawyer.

The lawyer's opinion CANNOT override what is there in Statute , in black and white.

The terms of the original contract all apply to the stat perioidic tenancy , save for those on determination , ie how and when the contract can be ended by the other party. The LL and her lawyer must be idiots.;)

Tell them to read here: http://www.legislation.gov.uk/ukpga/1988/50/section/5

Check also that your monthis correctly timed. Your stat perioidc runs from the day after the expiry of the original Fixed Term& that may, or may not, be the rent due date.

tbs624

Jowo wrote: »

Here is another description of how to issue a notice to quit

http://www.housinglaw.org.uk/NTQ.htm

Jowo wrote: »

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

"Notice to Quit" may be used as common parlance but does not apply to Housing Act tenancies - S21 etc is a Notice of Intent to Seek Repossession" after x date - it does not signify that the T must quit by that date. NTQs = common law tenancies.

Alisha2008

The original contract was from the 4th Sept 08 to the 3rd Sept 09, I've given notice saying that we'll vacate the property on the 3rd January, I sent the letter on the 26 Nov.

I intend to pay the last rent the 4th of December.

Is all of this correct..?

BitterAndTwisted

Yes, it's all correct.

If you get any more trouble from her just post back in this thread and your hand will be held.

Good luck!

Alisha2008

BitterAndTwisted wrote: »

Yes, it's all correct.

If you get any more trouble from her just post back in this thread and your hand will be held.

Good luck!

Many thanks. :T

Will post how the story ends...

theartfullodger

Agree with tbs & B&T. The landlady & her "lawyer" ('arry down the Pub probably, legal qualifications - once arrested for GBH..) are talking garbage.....

Her sort of Landlord gives decent ones a bad name!

Best wishes to you Alisha

Cheers!

Artful (LL since 2000)

Alisha2008

Just an update...

Of course my LL hasn't sent me any documents proving that she's right, but she has viewings organised for this week already. My guess is the house will be rented before we leave (it's a nice house on a very good spot) , and this issue won't be mentioned again ...

Will post if something else happens!

Catblue

Alisha2008 wrote: »

Just an update...

Of course my LL hasn't sent me any documents proving that she's right, but she has viewings organised for this week already. My guess is the house will be rented before we leave (it's a nice house on a very good spot) , and this issue won't be mentioned again ...

Will post if something else happens!

She has obviously realised she was wrong or was trying to bluff you in the first place. My feeling is the latter, what with no inventory and her not providing details of where your deposit is kept.

Remember to write to her asking for details of where your deposit is held.

If she won't provide these details, then you may feel that you should mention this fact to any viewers that pitch up.

Alisha2008

Hi all,

As I expected, my landlady said she found tenants that wanted to move on the 5th, so we could leave on the 4th, as we did. We had the house professionally cleaned on the 30th.

Yesterday I got the cheque with our deposit back. I'm pretty sure the money was never protected, but as I got the 100% back, I'm not too worried about it, and happy to move on.

Thanks again to everyone for the good advice, it's been very useful.