Our Landlord asked to leave....within 3 weeks

I_have_spoken

See above. 15th? Why? Rent payment date is irrelevant.

http://england.shelter.org.uk/get_advice/eviction/eviction_of_private_tenants/eviction_of_assured_shorthold_tenants

If your landlord uses the shorthold ground to evict you, the notice is often called a 'Section 21 notice'. To be valid, the notice must:

• be in writing
• be at least two months long (or the amount of time between rent payments, whichever is longer)
• end on the last day of a rental period
• state that it is being issued under Section 21 of the Housing Act 1988

.

G_M

I_have_spoken wrote: »

http://england.shelter.org.uk/get_advice/eviction/eviction_of_private_tenants/eviction_of_assured_shorthold_tenants

If your landlord uses the shorthold ground to evict you, the notice is often called a 'Section 21 notice'. To be valid, the notice must:

• be in writing
• be at least two months long (or the amount of time between rent payments, whichever is longer)
• end on the last day of a rental period
• state that it is being issued under Section 21 of the Housing Act 1988

.

This applies to a Statutory Periodic Tenancy (monthly or 'rolling')

It does not apply to a S21 during a Fixed Term tenancy.

The 'rental period'during the fixed term is:
from the first day of the fixed term to the last day of the fixed term(ie 6 months or 12, or whatever)

Kynthia

giruzz wrote: »

I may have made a mistake with some of the dates, I would appreciate if you could confirm our position with regards to notice & deposit

- The first lease (on the first contract) started on the 18th of July 2008
- The second lease was signed on the 19th of September 2011
- The confirmation that the deposit was put in a DPS was actually provided on the 9th of August 2012 (four years after we moved in the flat)
- The third lease (the current) was signed to start on the 19th of October 2012

We never received any formal confirmation re the deposit during the third lease, does this make a difference?

Also, I just noticed that the deposit is only on my gf's while the lease is on both names.

Thanks,
G.

Can I just check that the fixed term dates on the agreements are the same as the dates you are saying you signed?

Also deposits are always under one name, what is known as the 'lead tenant'.

Would you be tempted to move early if the LL made it 'worth your while'?

G_M

giruzz wrote: »

I may have made a mistake with some of the dates, I would appreciate if you could confirm our position with regards to notice & deposit

- The first lease (on the first contract) started on the 18th of July 2008
- The second lease was signed on the 19th of September 2011
- The confirmation that the deposit was put in a DPS was actually provided on the 9th of August 2012 (four years after we moved in the flat)When was the deposit PAID? Confirmation (the 'Prescribed Information') must be gien to the tenant within 30 days of payment
- The third lease (the current) was signed to start on the 19th of October 2012

We never received any formal confirmation re the deposit during the third lease, does this make a difference?

Also, I just noticed that the deposit is only on my gf's while the lease is on both names.

Thanks,
G.

I'm guessing the deposit was paid 4 years before the PI was provided,so the S21 is invalid.

Furthermore, a recent case ( Superstrike Ltd vs Marino Rodrigues ) has made clear the PI should be re-issued within 30 days each time a new tenancy is signed (or rather, started)

giruzz

G_M wrote: »

I'm guessing the deposit was paid 4 years before the PI was provided,so the S21 is invalid.

That's correct.

- The first lease (on the first contract) started on the 18th of July 2008
- Deposit was paid on the 8th of August 2008
- The second lease was signed on the 19th of September 2011
- The confirmation that the deposit was put in a DPS was actually provided on the 9th of August 2012
- The third lease (the current) was signed to start on the 19th of October 2012

RAS

giruzz wrote: »

- The third lease (the current) was signed to start on the 19th of October 2012

Were you sent the (new) prescribed information after that signing?

giruzz

RAS wrote: »

Were you sent the (new) prescribed information after that signing?

We only received a copy of the contract. Nothing related to the deposit protection scheme.

(But I did check at the time and the old details were still valid so I wasn't worried about following up on that)

Thanks,
G.

RAS

The question is what do you want from the situation?

To stay as long as possible in the property? One set of tactics.

To move sometime in the next few months when you can find a place you like? Different tactics.

To extract as much as possible from the LL. Other tactics.

gazter

RAS wrote: »

In England and Wales, statute law trumps contract law in renting.

Not only in renting, but in everything....

malcolmffc

OP, what to do next depends on how inconvenient moving with a month's notice is for you.

If you think you can find a new place relatively easily then I would remind the Landlord of your statutory right to two months' notice and ask him to pay you compensation for surrendering the property earlier. For example you could ask him to contribute to your moving costs.