In a mess totally

thegirlintheattic

cupcake287 wrote: »

Orginially for a year, then we signed for another year- but like i said, nowhere in the contract stats this or anything about notice to given.

There doesn't have to be. If you have signed for a fixed term of 12 months you are responsible for the rent for 12 months, technically you cannot give notice.

This is unless your contract has a break clause. For example after 6 months either party can give such and such notice to quit.

EDIT: If you really want to move you could try suggesting to your LL you pay him a certain amount to get out of the contract early. Make SURE you get this in writing if he agrees.

jamie11

it is a relatively simple matter to pursue it through the courts with the penalty being an almost automatic award of up to three times the deposit amount to you.

No it is not. It is a relatively simple matter for the landlord to defeat a claim for the 3x penalty, as has been explained time and again here and on other forums. The threat of court action though should be enough to make landlord protect the deposit, he also has to provide the prescribed information to the tenant to comply fully with the law.

A claim for 3x the deposit can be very costly and the plaintiff can be expected to pay the landlord's considerable costs if the case is lost.

cupcake287

thegirlintheattic wrote: »

There doesn't have to be. If you have signed for a fixed term of 12 months you are responsible for the rent for 12 months, technically you cannot give notice.

This is unless your contract has a break clause. For example after 6 months either party can give such and such notice to quite.

ohhh found a break clause - 2 months notice after six months.

thegirlintheattic

cupcake287 wrote: »

ohhh found a break clause - 2 months notice after six months.

Great so as soon as the six months rolls around send a letter by REGISTERED post stating you are exercising the break clause and hereby giving two months notice and you expect to vacate the property on xxx.

From what you've said I would avoid leaving the tenancy document lying around the house just in case!

cupcake287

jamie11 wrote: »

No it is not. It is a relatively simple matter for the landlord to defeat a claim for the 3x penalty, as has been explained time and again here and on other forums. The threat of court action though should be enough to make landlord protect the deposit, he also has to provide the prescribed information to the tenant to comply fully with the law.

A claim for 3x the deposit can be very costly and the plaintiff can be expected to pay the landlord's considerable costs if the case is lost.

To be honest - i'd probably just let them keep my deposit to get out of here...

cupcake287

thegirlintheattic wrote: »

Great so as soon as the six months rolls around send a letter by REGISTERED post stating you are exercising the break clause and hereby giving two months notice and you expect to vacate the property on xxx.

From what you've said I would avoid leaving the tenancy document lying around the house just in case!

I need to find somewhere else first before i can hand in my notice first - but glad i know i can leave, I've got some viewings this weekend, so hopefully one of them is fruitful.

thegirlintheattic

cupcake287 wrote: »

I need to find somewhere else first before i can hand in my notice first - but glad i know i can leave, I've got some viewings this weekend, so hopefully one of them is fruitful.

Unless your in a very complicated situation (pets, DSS etc.) you should be able to sort out a flat within 2 months but I understand being careful.

DTDfanBoy

Why don't you change the locks, then you'll know for sure they can't gain entry when you're not there.

jamie11

cupcake287 wrote: »

To be honest - i'd probably just let them keep my deposit to get out of here...

OK. However that's letting them get away with it, if I were in your shoes I would be sending a letter before action to encourage them to protect it anyway.

Once you are no longer a tenant of theirs the 3x penalty will not be available anyway, but you will be able to dispute any unfair charges. You would not be able to do that if they already held the money.

Besides that, if they think you might be going to get awkward over it they will be more likely to accept your notice without arguing.

DVardysShadow

thegirlintheattic wrote: »

Great so as soon as the six months rolls around send a letter by REGISTERED post stating you are exercising the break clause and hereby giving two months notice and you expect to vacate the property on xxx.

From what you've said I would avoid leaving the tenancy document lying around the house just in case!

Recorded rather than registered, but some posters here recommend the certificate of posting or several posts from different postboxes.

As for giving the notice when 6 months rolls around, take a careful look at the contract wording. It would be normal to be able to give notice with the termination date at 6 months, hence the notice being given at 4 months.