Help: Question about notice to end tenancy and deposit.

Veneer

Background info

I signed a 12 month contract with a "2 on 4" breakout clause, which means I can leave at 6 months at the earliest, and before 12 months as long as I hand in my notice two months early.

I initially wanted a 6 month contract, and made this clear verbally to the lettings agency. However this contract was verbally explained to me as "essentially a 6 month contract" during the signing.

The situation

I have been in the property for 6 months now, And I have officially handed in 1 months notice to my landlord, which he has now acknowledged, and said he would return my deposit.

The lettings agency have officially acknowledged my 1 months notice, and sent me a letter stating I must be out of the property on the date I stated.

He lettings agency have conducted viewings and have found a replacement tenant.

They have not mentioned anything about the 2 month notice sub clause in the contract.

My problem

I am worried that when it comes to returning the deposit, the agency/landlord are going to say " I didn't give 2 months notice" and will try and gouge an additional months rent out of my deposit before I return it.

Are they allowed to use my deposit for this? and as far as I am concerned they have, Accepted my 1 months notice by saying I can no longer access the property after the month transpires.

Should they have reminded me of my 2 month obligation by now? And the fact I am obliged to pay the rent for the 2 months also? Or have they forgotten? Or are they sneakily trying to double dip by getting another tenant in ASAP, and also charging me for not giving the full notice?

What can I do to stop them trying to this if this comes about? how can I fight this, because the way this contract was explained to me, is "it's essentially a 6 month contract", and this is the first time I have seen a 2 month requirement for notice, so my misunderstanding is a genuine one, and I am acting in good faith.

I would really appreciate if someone could help me out with this.

Thanks in advance!

jjlandlord

So you have a break clause stating that the notice must be 2 months, but you still only give 1 month notice... Why?

You cannot claim that your 'misunderstanding' is genuine: You were supposed to read the agreement even before signing it, especially considering the circumstances. You were supposed to read it again before served notice.

IMHO, the break clause is irrelevant at the moment. You have offered to surrender the property and the agent/landlord seems to be agreeing.
What happens if they change their mind is not clear to me. They may be prevented to do so ('estopped') if you acted on their saying, but you may need legal advice to clear things up should they create trouble.

Veneer

Thanks JJ for the quick response.

I was under the impression the 2 months notice applied to leaving on the 6th month, but after that it was regular notice of 1 month.

The contract was an electronic contract of some sort, which we has to sign, so I didn't ever have a physical copy of it.

Well so far it appears the LL and LA have tacitly agreed to my 1 months notice, stating I have to vacate the property in a months time, otherwise charges will be incurred.

The notice I sent stated I will give 1 month, that I have made my last rental payment, and will vacate the property in a month, and expect my full deposit back minus costs of documented damage to property. I used a template from MSE!

If they had an issue with my 1 months notice, they should have mentioned the mandatory 2 months notice, the requirement to pay rent for those two months, and given me access to the property for another two months, as opposed to one. Essentially countering and correcting me after receiving my notice.


They can't charge me the extra months rent, to a property i no longer have access to. Especially if they are other tenants in there!

The purpose of the notice is to give the LL and LA time to find a replacement tenant, for which they have already done!

Also one months notice is the industry standard, and perfectly reasonable, just seems to me that the contract and it's terms were designed in bad faith, silly jargon, and being explained As essentially a 6 month contract by the agent.

Jenniefour

Not sure what you are worried about here - you gave a months notice and LL has accepted, even if it is not to the letter of the rental contract. LL has found a new tenant. Everyone seems OK with this.

So what has happened that you now have reason to believe that your deposit won't be handed back when you leave?

Veneer

What has happened? Nothing.

It just seems odd they haven't clung to the letter of the contract, Their actions so far have indicated they are happy with my notice and it's checking out as usual..... It just seems toO good to be true.


I know from a past experience how petty and vindictive lettings agencies are, withholding deposits And checking out are their main opportunities for generating business and keeping their landlord clients happy.

I.e. 3 years ago a lettings agency tried to charge 150 pounds for professional cleaning, because I left a clean tray of frozen ice cubes in the freezer. (it was so pristine white, it blended with the frost in the freezer, and i overlooked it). The flat was spotless otherwise.

I phoned the landlord and agreed with me, It was trivial. He didn't stand to benefit from any of the professional cleaning fees either.

The landlord here is kind and reasonable, based on all our conversations and dealings! But I am concerned the vultures at the lettings agency will shamelessly try and scavenge whatever they can as usual. So I want to be prepared, and silence their efforts immediately with confidence and knowledge!

Also this is London, their chances of repeat business with me are slim to none, so they won't care about alienating me and losing my custom, as it wasn't meant to be anyway.

Jenniefour

So you have a good landlord - great! Letting agent seem happy as well.

Do nothing unless there's a problem. This might be a chance to have an experience of a good landlord and a decent letting agency!

Veneer

What do you suggest I do in event of a problem? I.e. if they wish to claim it back?

G_M

Veneer wrote: »

...
I was under the impression the 2 months notice applied to leaving on the 6th month, but after that it was regular notice of 1 month.


The notice I sent stated I will give 1 month, that I have made my last rental payment, and will vacate the property in a month, and expect my full deposit back minus costs of documented damage to property. I used a template from MSE!

I......


Also one months notice is the industry standard,.

Since you have not quoted the precise wording of the Break Clause it is impossible to comment on what it requires of you or the LL in the event you wish to give notice.

The 'industry standard' is irrelevant. The contract is what matters. And in any case, if there IS an 'industry standard' relating to Break Clauses it is 2 months....

However, if you have a clear written exchange whereby you requested an Early Surrender (outside of the contractual Break Clause), and the LL/agent agreed, without detailing any conditions (eg compensation for marketing costs, lost rent etc), then I don't see the deposit scheme arbitrators finding in the LL's favour, if it got that far.