Ending tenancy questions

fearLess

Hello all!

I'm sure a couple of you can remember my issues with the ceiling coming down and disrepair a month or so ago.

Well we've decided to get out, we've found a new place which will accept our dogs and everything seems to be going swimmingly.

It's time for me to end the tenancy at this place so going in to the LA tomorrow to hand it in but I have a couple of questions.

1) There is a lot of stuff here that isn't ours in the loft/shed which was from the previous tenant which us and the LL know personally, shall I mention this in the letter.

2) The landlord has blamed us for the toilet leaking and causing the ceiling to collapse in the front room. Even though I have proof I contacted them the minute I noticed it and that it took a week and a half for them to send anyone out to plug up the leak, by that time the ceiling had collapsed.

3) The LL never protected our deposit, or at least to my knowledge. I've contacted the companies for this and there's no sign of my deposit being protected. I never received a letter/certificate for this.

4) As the house is in drastic need of disrepair, we never had an inventory done at the beginning of our tenancy so what do I do about things being broken before/during our tenancy. (EG Front door hanging slightly, back gate coming off it's hinges due to severe wind, both reported to LL)

5) As the carpet was ruined by the collapsed ceiling toilet water/plaster we had to tear it up because of the smell/stains, underneath was loose laminate flooring with bare edges, carpet glue and paint on which the LA described as "adequate" to us but I feel they might try and claim a carpet out of our deposit, can they do this?

Thanks again, I think there's more questions but it's so late I can't remember haha

[Deleted User]

If the deposit has not been protected then you have a legal right to have the full deposit returned to you and you can have up to 3x the value of the deposit awarded to you by the courts if you make a claim.

If there is no inventory then the landlord has no chance of making any deductions from your deposit because they cannot prove you were responsible for the damage. No inventory is great for tenants.

Assuming that you are in a periodic tenancy (month to month) all you need to do is say that you are leaving, and as long as you provide at least one full tenancy period of notice the landlord cannot prevent you from ending the tenancy. No reason is required.

See this post from G_M for more information on ending a tenancy:

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?)

Your landlord sounds like an incompetent moron, congratulations on escaping, just make sure not to provide notice prior to actually having your new place.

Mike0408

I did post a link but being a new user it won't let me lol, just Google search ''shelter'' and search for deposit on their site for intonation about deposit laws

The Landlord HAS to prove YOU was at fault if he wishes to keep your deposit.

Also no signed inventory list means all items in that prosperity belongs to you since he won't be able to prove otherwise.

Also any other damage that wad caused by wear and tear is the Landlord responsibility and will not affect your deposit.
Wear and tear in courts eyes is damage that cam be caused by everyday normal usage (for example, worn wooden flooring caused by walking)

He can only keep the amount needed for what is broken (for example, 1 badly scratched and chipped wooden floor board, he can only claim for that 1 floor board and not a full set). And he must prove the work has been done for that amount.

This is based on UK law

Mike0408

citricsquid wrote: »

If the deposit has not been protected then you have a legal right to have the full deposit returned to you and you can have up to 3x the value of the deposit awarded to you by the courts if you make a claim.

If there is no inventory then the landlord has no chance of making any deductions from your deposit because they cannot prove you were responsible for the damage. No inventory is great for tenants.

Assuming that you are in a periodic tenancy (month to month) all you need to do is say that you are leaving, and as long as you provide at least one full tenancy period of notice the landlord cannot prevent you from ending the tenancy. No reason is required.

See this post from G_M for more information on ending a tenancy:

(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?)

Your landlord sounds like an incompetent moron, congratulations on escaping, just make sure not to provide notice prior to actually having your new place.

From what I have read NOT ALL DEPOSITS need to be covered, only all newly made deposits need to be covered, I don't think they need to be covered if it was made before the law came in that they do need to be protected.

But you are correct in saying if it needed to be protected then you are entitled to claim back up to 3X the deposit

Pixie5740

With regards to the letter you are writing to the LA I would keep it short and sweet. Give notice and ask for details of where the deposit is being held...that's all. I would also post the letter to the LA and get proof of postage.

fearLess

Thanks for the responses so far.

I'm handing it to the LA directly today, giving my notice today as we move into the new property on the 01/04

Am I right in saying I'm entitled to complete privacy in this notice period? I can't expect people coming round knocking on doors with prospetive tenants (even though there is NO chance it's getting rented anytime soon) or any inspection bother until I've moved out?

[Deleted User]

Mike0408 wrote: »

From what I have read NOT ALL DEPOSITS need to be covered, only all newly made deposits need to be covered, I don't think they need to be covered if it was made before the law came in that they do need to be protected.

There was a grace period, it has since passed. Every single deposit that is eligible for protection must be protected regardless of the date it was provided.

fearLess wrote: »

Thanks for the responses so far.

I'm handing it to the LA directly today, giving my notice today as we move into the new property on the 01/04

You have to give one full period of notice, what are the dates of your tenancy, what date did it start on?

Assuming your tenancy period starts on the 1st of the month then the end of your tenancy period is the last day of the month (eg: 31st of March at 11:59), that means you are already into this months tenancy period and if you provide notice today it will mean your tenancy ends of the last day of April, you will be liable for rent up until this date. Also if you intend on moving out on the 1st that would enter you into a new tenancy period, meaning even if you had provided notice during February you would still be liable for rent in April.

fearLess wrote: »

Am I right in saying I'm entitled to complete privacy in this notice period? I can't expect people coming round knocking on doors with prospetive tenants (even though there is NO chance it's getting rented anytime soon) or any inspection bother until I've moved out?

That depends on your tenancy agreement. You are (by law) entitled to not be disturbed and the landlord (or agents of) cannot enter the premise without your permission to conduct viewings, however if you flat out refuse to do viewings you will probably get a bad reference from the landlord.

The reasonable thing to do is to tell the agents what day per week you're willing to allow viewings (eg: every Saturday at 2pm) and let them conduct viewings at that time.

fearLess

I'm currently on an AST. I thought I had to give a months notice not a tenancy period notice?

The rent got paid today and we will be out by the 31st of this month, which is why I'm handing in the notice today.

jjlandlord

Why do people always wait until what they think is the very last possible day to serve notice?

[Deleted User]

fearLess wrote: »

I'm currently on an AST. I thought I had to give a months notice not a tenancy period notice?

Yes, you have to give a month (which is a tenancy period) a full month. That means your notice has to be served prior to the last tenancy period starting.

You are already 9 hours and 21 minutes into the current tenancy period, if you provide notice today you will not be providing a full tenancy period, you'll be providing ~59/60ths.

You need to hope that the letting agent is as incompetent as the landlord and accepts your notice.

fearLess

Just to let you know they have accepted the notice given.

Just got to clean the place up and try and sort out this deposit/disrepair issues.