Notice To Quit - No Signed Lease

00ec25

enigmo wrote: »

I don't think he served a proper sec. 21, but I'm unsure how I'd know.

google it !!!!!!!!!!!!
https://www.landlordzone.co.uk/pdf/Section21Notice.pdf

enigmo wrote: »

It was a letter simply stating that further to our telephone conversation on May 1st he was writing to say he intended to take possession of the property on July 1st and any delay on that would mean a rent increase. It wasn't a formal letter in 'legalese', if you will, barely a note, it did not include his address, only mine,

its invalid but before you celebrate too much do remember legally you incur rent liability from 21st to 20th of each month so unless the LL accepts a different termination date and agrees to pro rate the rent you owe him a whole period's rent after the 20th of each month

enigmo wrote: »

and as he has never produced a deposit certificate I'm not sure he can even do a sec. 21 anyway.

correct, he can't

enigmo wrote: »

Also, the letter was dated May 1st, but only arrived today and was postmarked the 17th. Don't know if any of that makes any difference

case law has established that a letter is legally deemed to be served 2 (working) days after posting, so whether he intended it or not his letter was actually served before the start of the May - June rental period although the expiry date of 1st July is wrong as that is not 2 months from date of serving so the letter is utterly worthless

Cissi

Just beware that since the LL hasn't served a valid S21, you will need to give notice. The easiest would be if you were able to leave by 20th July (in which case you need to give notice by the 21st of June, or better by the 20th). If you want to stay those extra 6 days then you need to agree this with the LL or, as 00ec25 said, you'll be liable for rent up until August 20th.

Depending on how reasonable the LL is, you could try giving notice to leave on August 20th and then offer to leave 3 weeks early, provided that the LL agrees to early surrender in writing...

G_M

[FONT=&quot]Example S21(1)(b) & S21(4)(a)[/FONT][FONT=&quot] Notices[/FONT]

enigmo

Thank you guys so much With a little one in tow it's good to know I can fight a corner on this. I'll make sure I have my lingo and facts straight before doing anything, and I'm also trying to see if we can be gone by the 1st, but it's a relief to know there are arguments to be had if needed.
Thanks all

00ec25

do please make sure that when you hand your notice in you time it right!!!

under a periodic tenancy the tenant must give 1 rental period's notice aligned with the end date of the rental period (see GM's links above) so legally the only date you can end your tenancy is the 20th of the month.
any other date would have to be by mutual agreement which in your case may cause a big bun fight

enigmo

So, considering he has asked us to leave by July 1st, if we were to simply agree to that and leave by the end of June, legally we'd still be fine?

SerialRenter

enigmo wrote: »

So, considering he has asked us to leave by July 1st, if we were to simply agree to that and leave by the end of June, legally we'd still be fine?

Thats correct, but please get it in writing! Otherwise you may end up liable for another month.

enigmo

Willdo Thanks!
Just for info, we have found ourselves able to move by the end of June, thus avoiding any unpleasant encounters with an unpleasant man. Now all that's left is to recover deposit.
I have started another thread to ask that, but just in case any reader here knows; considering we have no deposit cert and the LL is unlikely to agree to use deposit as part payment for last months rent, how likely is it to be a hassle to get back the deposit? He is highly likely to try to keep it all/a large percentage, and IMHO has no reason to. If he tries this will it most likely end up in small claims court? As he has no deposit protection, is he likely to be fined 3x deposit amount?

SerialRenter

A court can award between one and three times the deposit, plus the original deposit.
As the landlord has failed to protect the deposit i doubt the court would look favourably on the landlord when deciding what to award you.

I'd phone up your local court and see if they process claims related to the deposit in small claims as they don't always. The difference being, small claims is significantly cheaper to initiate, although you can of course ask for costs to be awarded to you.

enigmo

Cool, thanks. I am kind of familiar with the small claims system having had a run-in with letting agency a few years ago that tried to do me out of money, so if I check with the court and they will process such a complaint I know what I have to do now.
I'm assuming the LL gets his 14days, from July 1st in this case, to return the deposit or deposit less any deductibles or damage costs, and after that I can pursue him? And also, something I wasn't aware of, the 3x deposit amount is a potential maximum award to me, not a fine levied by the council?!