Yet another end of tenancy / protected deposit question

kellyt86

Hi all,

I will soon be giving notice on my rental property and reading all these forums I have learnt that my deposit should be protected.

I had an initial 6 month assured shorthold tenancy agreement starting in Feb 2008, and since that ended have been on a rolling periodic tenancy.

I have no dealings with an agent now, I am managed directly by the landlord and contact him if any issues.

I have informally told the landlord I will give 30 days notice soon (due to house purchase) and he just said let him know. However I note that I am meant to give him a whole tenancy period notice, but pretty much going to try it and see what happens, giving a calendar month instead as landlord didn't correct me when I spoke about it and I found out after. (I will give the whole tenancy periods notice if he does request it!)

Now deposit bit: Looking at my tenancy agreement it states that the deposit is protected by the deposit protection service. Looking on the My Deposits website entering my maiden name and postcode comes up and says that it is protected with them. However I have never recieved a certificate of protection, so don't have a ID number or anything, what can I do to claim my deposit back, when it comes to it? Am I going to be stuck if landlord doesn't give it back?

Thanks for any help!

dimbo61

Well first off make sure you give the correct notice in writing with 2 copies sent from different post offices with proof of posting and keep a copy yourself.( NOT Recorded as he may not sign)
One calendar month from start of tenancy!!!
Just because Landlord may or may not have got it wrong RE Deposit Info he/she has at least protected the deposit ( You need to contact my deposits to claim the money as soon as you move out)
Now make sure property is clean and no damage.
Take Lots and Lots of good quality photos with date stamp and contact gas/electric/water/broadband ( Council TAX) people to inform them you are leaving and give meter readings ( again take photos with DATE STAMP)
Re direct mail for 12 months and tell bank, employer, Council , electoral roll where you have moved too.
Did you sign Check in Inventory when you moved in and what does it say in AST re cleaning at end of tenancy ?

G_M

If you godown the 30 day noticeroute, get theLL's agreement in writing.

Read:

Ending/Renewing an AST (what happens when the Fixed Term ends?)(What is a Periodic Tenancy?)(How can a LL remove a tenant?)(How can a tenant end a tenancy?)

G_M

dimbo61 wrote: »

Well first off make sure you give the correct notice in writing with 2 copies sent from different post offices with proof of posting and keep a copy yourself.( NOT Recorded as he may not sign)
One calendar month from start of tenancy!!!

To be clear

One calendar month from last day of a Tenancy Period

Read:

Ending/Renewing an AST (what happens when the Fixed Term ends?)(What is a Periodic Tenancy?)(How can a LL remove a tenant?)(How can a tenant end a tenancy?)

kellyt86

Thanks for replies!

RE cleaning it says "return possession of the property at the end of the tenancy in the same good clean state and condition as it was at he beginning of the tenancy" so no professional cleaning required, as long as we do a good job!

So is it not worth 'trying it' with regards to the 30 days as opposed to whole periodic tenancy? We are due to exchange contracts next week but next due rent on 20th August :eek: which means won't be out until 20th September otherwise!!

How can I contact the my deposits if I don't have a reference number or anything? It comes up I have it protected but won't let me 'claim' anything surely without a reference?

Thanks so much!

Werdnal

Check the FAQ section on the deposit scheme's website, as they usually have a "What do I do if I have lost/don't have my ID/Reference number" and I believe you can apply for a copy or a new one.

kellyt86

Werdnal wrote: »

Check the FAQ section on the deposit scheme's website, as they usually have a "What do I do if I have lost/don't have my ID/Reference number" and I believe you can apply for a copy or a new one.

Thanks for this, they didn't have a FAQ from what I could see but did have a telephone number, which I rang and they provided me with the certificate number over the phone! :T

dimbo61

SORRY G_M
You are right as always :-)

G_M

dimbo61 wrote: »

SORRY G_M
You are right as always :-)

No, no - I too get corrected.

And if notice is served on exactly the right day, it is, as you said "one calender month"!

So is it not worth 'trying it', with regards to the 30 days as opposed to whole periodic tenancy?

Of course it is worth trying, Kelly. So long as you understand the law.

But many LLs are flexible (we're not all the money-grubbing, ignorant, litigious b*st*rds we're sometimes portraid to be here!)

If the LL agrees, just get a friendly written confimation.

Personally, if a tenant has been a constant pain, late with rent, disturbed the neighbours, damaged the property, I am likely to insist on the letter of the law:a full tenancy periods notice.

Thankfully the vast majority of my tenants have been perfectly nice, friendly, reliable people, and if they are buying a house, I understand both the financial pressures that puts them under, and the uncertainty of dates that goes with house-buying.

I will therefore happliy agree to end the tenancy on a date that suits them. Assuming also, of course, they've let me know what's going on.

kellyt86

Thanks once again G_M!!

I am going to put it in next week and see what LL says, he has been very flexible and laid back (eg agreed not to raise rent in last five years) and we've been model tenants really! Haven't bothered him unnecessarily and of course paid our rent on time everytime!

We have also let him know how the house buying going etc, keeping him updated! So fingers crossed this will all go in our favour.

Should I give a timescale for him to respond to the notice? I was thinking 14 days, does that seem fair?

G_M

You can't beat personal communication!

I would ring him if you have his number, and explain. If he's laid back/flexible, then write to confirm what you've agreed by phone,and politily ask him to acknowledge your letter and acceptance of the arrangement.