please help with my renting situation

roger56

tucbiscuit wrote:

thanks roger, I can't open pdf files on this computer, but could open the second one.....so would I be right in saying that even though our assured shorthold tenancy agreement is ending that we still are entitled to 2 months notice in writing?

Get adobe acrobat reader free here to view pdf files:
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Legally, yes 2 months as other posters have indicated

jennilb

Hi

If you need extra advice on this your council should have an advice shop and they often have a specialist who deals with unfair landlord action. Same thing goes for your local citizen's advice bureau.

In the mean time you might want to talk to your landlord about the trouble you're having finding a new place to see if they can delay their plans a bit.

It may be legally correct that they should have given you two months notice but the fact is they didn't and they have your deposit and are your reference. Some lettings agents / landlords will only accept a reference if they can contact the person to get it. This means even if you get a written reference it may not count unless they can call the person, and if you have enforced the law the phone reference may not be glowing. Meeting their unreasonable deadline would seem to be the best way to get a good reference and your deposit back!

Hope this helps.
Jenni

roger56

jennilb wrote:

Hi

......

It may be legally correct that they should have given you two months notice but the fact is they didn't and they have your deposit and are your reference. Some lettings agents / landlords will only accept a reference if they can contact the person to get it. This means even if you get a written reference it may not count unless they can call the person, and if you have enforced the law the phone reference may not be glowing. Meeting their unreasonable deadline would seem to be the best way to get a good reference and your deposit back!

Hope this helps.
Jenni

Sadly, some landlords play on this type of situation and get away with being unreasonable. For the renter it can be a very difficult situation.

Regarding getting deposit back, the deposit money does not belong to the Landlord and can only be retained for justifiable, fair and reasonable reasons.
So meeting an unreasonable deadline has no relevance to getting the deposit back.

Sujamjen

Does a tenant have to give 2 months notice as well? Or is the end date of the tenancy agreement assumed to be the time they will move out? Hope OP doesn't mind an additional question!

Innys

Eh??? I don't understand the postings made by others on here.

The OP took a six month assured shorthold tenancy and now it us approaching expiry, he has to move out. Isn't that the way it works?

If the OP didn't realise the contract expired on 21st Jan, frankly, that's his problem isn't it, not the landlord's? Why should the landlord have to draw up an AST AND give 2 months notice in writing?

I rent to tenants and always give them a 12 month AST. At the end of the 12 months they tell me if they want to stay on a further 12 months. If they do, we renegotiate the rent. If they don't, they leave on the date the AST expires, simple is that. What have I been doing wrong???

thesaint

If the OP didn't realise the contract expired on 21st Jan, frankly, that's his problem isn't it, not the landlord's? Why should the landlord have to draw up an AST AND give 2 months notice in writing?

Because the laws says so.

What have I been doing wrong???

Where do I start?

SusanCarter

Sujamjen wrote:

Does a tenant have to give 2 months notice as well? Or is the end date of the tenancy agreement assumed to be the time they will move out? Hope OP doesn't mind an additional question!

Usually tenant has to give one month notice.

Innys wrote:

Eh??? I don't understand the postings made by others on here.

The OP took a six month assured shorthold tenancy and now it us approaching expiry, he has to move out. Isn't that the way it works?

If the OP didn't realise the contract expired on 21st Jan, frankly, that's his problem isn't it, not the landlord's? Why should the landlord have to draw up an AST AND give 2 months notice in writing?

I rent to tenants and always give them a 12 month AST. At the end of the 12 months they tell me if they want to stay on a further 12 months. If they do, we renegotiate the rent. If they don't, they leave on the date the AST expires, simple is that. What have I been doing wrong???

Landlord would have to give notice two months before end of fixed term if they want them to move out at end of fixed term.

clutton_2

unless a section 21 has been issued in writing a tenant does not have to leave. The section 21 is a legal requirement and gives the tenant the legal notice which is 2 months notice. The description of the agreement rather sounds as if these are amateur poorly-informed landlords.

I see no reason why this should get nasty, just talk to the son and explain that you have taken advice, and that legally you were due 2 months written notice on 21st November 2006, but that you will do your very best to leave as soon as possible - but that it may be beyond 21-1-2007 - don't give a date.

silvercar

Some letting agents give a section 21 notice when the tenancy starts (to leave at the end of the tenancy) if this has happened then you have already had your notice.

Alleycat

silvercar wrote:

Some letting agents give a section 21 notice when the tenancy starts (to leave at the end of the tenancy) if this has happened then you have already had your notice.

Thanks for mentioning that one, I had completely forgotten about it! There are a lot of Agents in Bradford who seem to be doing this more and more frequently as a matter of course. Thankfully ours haven't!