Advice on council housing

BitterAndTwisted

You just need to compose your letter in plain English, as you don't need to use any special legalese. What you do need to do is examine your tenancy agreement so you understand when the rental-periods run from and r=to so you ensure you can give at least one period's notice. In your circs I would have an informal chat with your landlord either face-to-face on or the phone to pre-warm him that you will be ending your tenancy.

If the contract mentions a deposit then there will have been one. Ergo: it must have been registered with one of the deposit-protection schemes. This is not optional, it is a legal requirement. It depends what your landlord's response is to your query within your notice letter as to what has happened to your deposit as to what your response will be. What you do need to know and what you do not need to tell your landlord right now is that courts can and do award tenants a penalty for non-registration of deposits. Sometimes up to three-times the deposit value.

And no, if there was no inventory the landlord will not be able to charge you for any deductions from your deposit unless they have other convincing documentary evidence. If he hasn't protected your deposit you could induce him to accept that he might have to think about returning your deposit in full. Plus, maybe letting you off a week or two of the last week's-worth of rent. But I'd be keeping all of this up my sleeve for later when you know about what he's done with the deposit.


Come back to this thread (rather than starting a new one) about the deposit or anything else you might need help with.

phill99

BitterAndTwisted wrote: »

If the contract mentions a deposit then there will have been one. Ergo: it must have been registered with one of the deposit-protection schemes. This is not optional, it is a legal requirement.

.

This is only relevant to tenancies started after 6 April 2007. The OPs tenancy started in 2006.

newbutold

Onthemoveagain wrote: »

As you have been so helpful, can anyone point me in the direction of a letter for ending the tenancy.

There was no inventory, and deposit not protected as before it was required by law. We don't know where the receipt has gone but the contract mentions a deposit. The house is in good condition as we have regularly repainted, maybe a bit of wear and tear since last touch up but we could sort this. Over all I would say the house is as good, or better than when we moved in.

Could he keep the deposit for anything without an inventory? Also how would he do it as we wouldn't go through any agency? Should we arrange a check out inspection or just take keys to him?

If you think your Landlord is the sort who will keep your deposit with no valid reason to, I would be inclined to not pay the last months rent in lieu of the deposit. That's if housing benefit doesn't go straight to him.

I know I risk being shot down by suggesting you do this, but as I was previously stung many years ago by a letting agent not returning my deposit (they went bust), and you haven't got the protection of your deposit being protected, it is something for you to consider.

[Deleted User]

Have you used the Family Fund before? They give financial assistance with things families with special needs kids need. Depending on what disabilities your children have, I am sure there are other organisations you might be able to get help from.

If you can though, probably best to go and see Housing Benefit peope and clarify what crossover there is with HB. I'm afraid I was told there was nothing.., but this was some years ago. If HB say this is the case, as others on here would disagree, I'd then contact the CAB in your area to double check, just in case HB are giving you the run around.

Onthemoveagain

Yes, we have used Family Fund before and I may ask them for some help.

Not entirely sure on how the Landlord will be with the deposit. He has always been nice and friendly. A bit slow at getting stuff done, and some bits have never been done, but in general okay.

In our previous properties we never had a deposit to come back due to either not one being taken or it being used as rent (by agents, not us) so a bit new to us.

Yorkie1

OP, look here for the relevant information - including the law - on ending a tenancy.

http://forums.moneysavingexpert.com/showpost.php?p=52421475&postcount=6

Legally, a tenant has to give one month's notice ending at the end of a tenancy period.

Better_Days

You have been given some good advice OP - do get your tenancy agreement out and check the dates - the rental period does not necessarily marry up with the date that you pay your rent.

Well done on getting allocated a property that is suited to the needs of your family and I hope that you are all happy in your new home.

Onthemoveagain

Have had a look at our tenancy agreement. It was one bought in a local shop so some of the things on it are interesting.

It states that if the rent is overdue by 3 days we must pay 4% interest on each day it is before we pay. It also says if we don't pay for 10 days then the contract is void and he can re enter the property.

But it mentions nothing about giving any notice by us (Says two months for him) So I'm guessing as long as we give one month we should be Okay.

BitterAndTwisted

The use of a generic tenancy agreement suggests that your landlord is an amateur. Just give your one month's notice in writing according to the "from" and "to" days on the agreement and come back here if your landlord declines to accept it.

I still think you might get more cooperation about being released before the month is up if you contact him directly by phone or email before he receives your written notice to warn him of your intention to surrender the property and offer to be as flexible as you can with regard to viewings.

Onthemoveagain

Thanks. Will let you know.