Savings when seperating- scared I will lose it all

teawithmilk

Ok thanks I will need to dig out my tenancy agreement for House number 1 if I can find it, I have documents all over the place at the moment.

teawithmilk

Just found a letter that letting agency sent me last yr in July, I renewed at that time for a year so I presume around the 5th July this year I will get the same letter. That doesnt give me much time.

We note from our records that your Tenancy Agreement is due to expire on the 20/09/2012
and we should be obliged if you would notify us as to whether you wish to renew the tenancy
for a further period.
Should you wish to renew, you should advise us of the fixed term you require and this will be
subject to your Landlords approval. Please be aware that any extension to your tenancy
agreement will require an administration fee of £50 + VAT.
Alternatively, if you intend to vacate the property please note we require that you serve [FONT=Arial,Bold][FONT=Arial,Bold]two
months notice in writing or by email [/FONT][/FONT]. Should you decide to serve notice to terminate your
tenancy in writing, you must ensure delivery to the office, either by recorded postage or hand
delivery, and obtain a receipt.

RAS

teawithmilk wrote: »

Just Alternatively, if you intend to vacate the property please note we require that you serve

[FONT=Arial,Bold][FONT=Arial,Bold]two [/FONT][/FONT][FONT=Arial,Bold][FONT=Arial,Bold]months notice in writing or by email [/FONT][/FONT]. Should you decide to serve notice to terminate your tenancy in writing, you must ensure delivery to the office, either by recorded postage or hand delivery, and obtain a receipt.

OK

Some stuff is outside my knowledge range but this is well inside.

If you are in Scotland, this period of notice is legally valid.

If you are in England or Wales, it is complete garbage and completely unenforceable. The law is quite clear; no notice is required to end a fixed term contract. And if they tried to take you to court, their lawyer would soon put them right.

LannieDuck

RAS may well be right about whether it's legally enforceable, but why pick a fight when you don't have to?

Leave it until July (or whenever the deadline is), and give notice. Your OH could easily offer to take over the tenancy himself if he doesn't want to move.

RAS

LannieDuck wrote: »

RAS may well be right about whether it's legally enforceable, but why pick a fight when you don't have to?

Leave it until July (or whenever the deadline is), and give notice. Your OH could easily offer to take over the tenancy himself if he doesn't want to move.

Because I have a nasty feeling that if she gives notice and he does not move out, she has to pay a penalty as well as rent; just I do not KNOW the rules. So it could be worse that not giving notice.

Also we do not know which country teawithmilk is in.

teawithmilk

I'm in England. I also know that if I give notice they will have it on the market to re-rent immeidately (which is fair enough as they will want it re-let asap I understand that) which will mean that they will want to bring prospective tenants around before the end of September and my husband will either refuse access or the place will look like a tip.

Alternatively he could take the tenancy on from me if he wished but I doubt he would be accepted without a guarantor because his credit record is shot to pieces, (which is why I always dealt with financial stuff) I suppose his mum could pay 6 months rent up front for him but Im second guessing here and now that he is being so nasty to me why should I waste my energy worrying about how he is going to cope.

I sent him an e mail saying that DD wanted to see him tonight and that I would also like to go round and talk and he has just replied back that he wants to see DD but has nothing to say to me. Fair enough, if he wants to just blank me, that makes my life easier in some ways but we do need to discuss some important things like the house/lease and also arrangements for DD. Oh well at least I know where I stand with him now.

tayforth

Wow, well done TWM! You've made the break, your new life starts here. I'm glad that you and your DD got into your new house safely and had a good night's sleep. That was kind of you to let her choose a couple of gifts, and I'm sure that she appreciated it. She's obviously a lovely, well-adjusted girl and you are both lucky to have each other.

I don't know a lot about the law, but if I were you I would be tempted to keep all correspondence 'in writing', either text or email. That way, you have a record of (1) you being reasonable about access, and (2) any nasty/abusive things that he says. Also, it may be less upsetting than speaking on the phone.


If you have left things behind, would it be possible for you to get in and take them while he's out at work? It would save you having to buy them again. Every penny counts!


Re the tenancy - you've had some good advice, definitely speak to Shelter or Citizens' Advice for information.


You're doing amazingly well. Be proud of yourself.

RAS

teawithmilk wrote: »

I'm in England. I also know that if I give notice they will have it on the market to re-rent immeidately (which is fair enough as they will want it re-let asap I understand that) which will mean that they will want to bring prospective tenants around before the end of September and my husband will either refuse access or the place will look like a tip.

At the risk of sounding like a broken record, do go over to the renting forum on MSE as you need to know your rights.

Remember, to set up as a letting agent, you need NO legal knowledge, skills or experience.

Your letting agents have already proved that they have no knowledge of the law by including the two months notice clause.

They probably also do not "know" that by law they have no right to enter the house until the tenancy ends, absolutely no right to take prospective tenants round and no right to expect the place to be clean and tidy during the tenancy.

Your family is entitled to quiet enjoyment for the duration of th tenancy. You need to hand the property back in the same condition as it was taken on (they do have a dual signed inventory from the start of the tenancy?). Otherwise they can take a running jump.

teawithmilk

ok just looking through a pile of documents from solicitor. she has sent a statement of arrangements for children. . .does anyone know if i have to get him to agree to it and sign it before i send back to solicitor or does the court send him it? I want to get them handed back asap before the weekend.

teawithmilk

sorry me again. Had a bit of a crisis tonight. I dropped DD around to see him,he refused to talk to me, but apparently he said to DD that I was a sneaky liar and that liars always got what they deserved. I dont know why but i feel a bit uneasy and scared now. . .I wonder if he is planning something vindictive/revenge.