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Giving notice on rented flat advice/help!

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Comments

  • Kynthia
    Kynthia Posts: 5,692 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Yes he should of returned the deposit, taken it again and registered it against the new rental property. However you had a new tenancy agreement and therefore your tenancy periods are based on those dates, not the dates you pay or the dates of the first flats AST. Therefore your tenancy periods are 10th to the 9th.

    However if you and your landlord agree for you to leave on a different date then that's fine but get his agreement in writing.
    Don't listen to me, I'm no expert!
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 21 April 2012 at 12:10PM
    MiniSis wrote: »
    Deposit is protected in my deposit scheme :)

    Against which property? The first one? If so, apply to the scheme for the deposit to be returned to you now as that tenancy has ended!
    So yes I am assuming that the month has continued to run from the 1st to 31st and not transferred to the tenth of the month.
    Please try to understand this (and read this link): THE DATE YOU PAY YOUR RENT IS IRRELEVANT. You moved into the new property on the 10th, so your tenancy there started on the 10th so your 'Rental Periods run from the 10th to the 9th.

    You happen to pay your rent on the 1st of the month but that is just a matter of agreement/convenience. It does not affect the Rental Periods of the tenancy.
    considering he's just upped my rent with 2 weeks notice I'm not overly happy with him! But that's another issue!
    How? Did he either
    1) use the terms of a clause relating to rent increases in your tenancy agreement? or
    2) give you a S13 Notice giving you a months advance notice of the increase?

    If not, you do not need to agree to the rent increase (though of course if you agree then that is different).
  • MiniSis
    MiniSis Posts: 93 Forumite
    Oh blimey I didn't even think to apply to get the deposit back, just assumed I'd get it when I moved out of the block.

    I understand exactly what you are saying. I am going I give my notice and tell him what I belive I owe him and let hi
    Query it if he disagrees. None of this has really been done by the book. I might aswell mention I haven't had a gas safety cert either.. Someone came to heck out the boiler 2 years ago but never got the cert.

    No he simply sent me a typed letter that said my rent which had been kept under market rate (which is true) is no longer sustainable and from next month it is going up £105. I text him to clarify from which dye but he never replied, so I'll be writing to him.
  • MiniSis
    MiniSis Posts: 93 Forumite
    So I have to request my deposit back. I'll do that in my notice. The thing is...he no longer owns the flat I used to live in and he never did a check out with me. So I assume I should receive the full £395 back as he has no grounds to withhold any of it.

    So I also technically have no deposit for the flat I am in now then.. There was no check in and no inventory. It's in fine condition 2 years wear and tear mainly.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    MiniSis wrote: »
    So I have to request my deposit back. I'll do that in my notice.No. You apply to the deposit scheme for it to be released. You can do it Monday as that tenancy ended some time ago. The thing is...he no longer owns the flat I used to live in So? and he never did a check out with me.then he will be unable to make any deductions from your deposit. So I assume I should receive the full £395 back as he has no grounds to withhold any of it. correct

    So I also technically have no deposit for the flat I am in now then.. correct There was no check in and no inventory. It's in fine condition 2 years wear and tear mainly.

    He sounds like a complete idiot....
  • MiniSis
    MiniSis Posts: 93 Forumite
    ^^^^ thank you!!!! On my deposit website it says I have to contact my landlord to request the deposit be unlocked??? But whatever way I will do it Monday!!

    Yes, as a landlord he's been fine in the sense i have seen him once in 2.5yrs. He's not done things by the book and I guess he is going to pay for that. Thanks for your advice about the deposit :)

    Now just to find out when we hope to exchange/complete and sort out a moving date!
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