Two weeks notice to vacate from Land Lady

NinaSwiss

Could someone please advice on my situation if possible.

I have lived at my current address for about 3yrs. Its a house-share(total 3 people)where one of the tenant is the Landlady's son but my tenancy is with the Landlady. On moving in, she took a 2wks deposit. My tenancy originally started on 24th September 2011 and I've always paid monthly rent in advance of month ahead (24th - 23rd next month). Landlady does not reside at the property.

The contract amongst other things mentioned that should either of us decide to end the tenancy a 2wk notice is required. At the time I had just a few days to find somewhere so it made sense to just sign it than to dispute it. Contract also mentions that the rental is on a weekly basis, even though my payment is on a monthly basis.

Though an OK person, she is an amateur LL so not aware of a lot of her obligations (eg. her address not on contract, deposit not protected, short notice period,turning up whenever, gas safety certificates etc). Not to disturb the peace I had taken some safety precautions, eg. installing smoke and carbon monoxide alarms.

On 14th sept, I received formal notice from her specifying shed like me out in 2wks as shed rather rent to a couple for more money. I pay 350/pcm for the room.

I asked over text how much she planned to charge the couple as i might be ok to pay that if not too much. she responded with 675/pcm.


My response:
"ok.I'll look elsewhere as £675/pcm is unrealistic for me. Unfortunately 2wks isn't enough time for me to find somewhere suitable and I have broadband services tied to here for the next few months.

I propose we revert to statutory notice requirements for Landlords. Under this, I'll require at least 2 months notice ending the last day of a tenancy period e.g 24/sep to 23/Nov.

Please don't take this as an aggressive response as if I find somewhere sooner, I'd be happy to move ASAP, but in the meantime I need to be practical. Happy to discuss in the weekend if you are free."

Her Response:
"Your contract says 2wks notice. You agreed and signed. That's why I only took 2wks deposit from you."


I'm not looking to fight with her just need to buy me some time to find a suitable house-share rather than going with just anywhere. It doesn't help that I'll be in Europe on and off in the next couple of months for work.

Given the situation, I'm I accurate in advising that she needs to provide at least 2 months notice despite what the contract says as it is considered an AST tenancy. Anything else I should be considering?

Guest101

Haha, tell her to speak to a solicitor!

Meanwhile u phone shelter. You are absolutely correct. Contract in this case means nothing.

I'm guessing ur deposit isn't protected?

If I was u. I would stop speaking to her altogether. Maybe remove some of the valuables just incase. If she illegally evicts you. That is a criminal offence. Come back for more advice

anselld

It cuts both ways. If you insist on your statutory rights to two months notice then you will need to give one month notice to coincide with a rental period. That means if you do find somewhere quickly then you may be held to paying nearly two months rent depending on timing.

You can't insist on two month notice and then just stop paying rent at any time of your choosing within that period.

Annisele

I don't think you're quite right about the notice period having to coincide with your tenancy period - see G_M's post about ending tenancies, and in particular his reference to Spencer v Taylor).

But if the deposit wasn't protected and should have been, that's minor - in that case, a s21 is invalid regardless of the notice it gives you.

booksurr

I agree with your stance but as you are telling the LL they are not following legal technicalities you need to be correct yourself....

a) your contract set a rental period as being 1 week. The term is per week not per month, on that basis the LL is legally required to provide a rent book - did she? You rental payment is therefore per week not per calendar month, it sounds like both you and your LL have got the sums wrong

b) in a STP the LL must give a minimum of 2 calendar months notice - the requirement to align with tenancy periods has been removed

c) you on the other hand must give 4 weeks notice to leave as your STP rolls over by the week not by the month and your notice must be aligned with the tenancy period so 4 weeks from the 24th which is not the same as saying the 23rd of the following month

d) any notice from the LL is invalid if your deposit has not been protected

BTW - if you start talking technicalities then yes you are going to have a fight as it works both ways even if the LL is currently ignorant!

jc808

are you a lodger?

booksurr

jc808 wrote: »

are you a lodger?

patently not!

NinaSwiss wrote: »

Its a house-share(total 3 people)where one of the tenant is the Landlady's son but my tenancy is with the Landlady. On moving in, she took a 2wks deposit. My tenancy originally started on 24th September 2011 and I've always paid monthly rent in advance of month ahead (24th - 23rd next month). Landlady does not reside at the property.

however the question you should have asked is are you on a joint tenancy with the other occupants or do you rent a specific room in the shared house and have access to the common parts

as for the LL coming in - if it is not a joint tenancy then it is an HMO and she has every right to access common parts without notice

Mrs_pbradley936

It sounds to me as if she intends to let out the entire dwelling not just the room to these new people. You need to determine if as jc808 says that you are a lodger, a sub -tenant or a tenant, see here:


http://england.shelter.org.uk/get_advice/sharing_and_subletting/lodgers

jjlandlord

Assuming OP moved on an initial, standard, fixed term AST, in order to determine whether the current tenancy is monthly or weekly periodic we need to know how often the rent was payable in that original tenancy.
This will also tell whether amount paid is correct.

theartfullodger

Nina:

You are a tenant not a lodger as landlady did not reside there permanently at some point in your occupancy.

Call Shelter **free** helpline 0808 800 4444 for advice..

If landlady tries to change locks or force you out you need to resist (got any "large" friends) & call the Police: Police will likely tell you "nah, it's a Civil matter, not us") - no, it's a CRIMINAL matter - see this on illegal eviction & harassment.. - you might need to remind Police of this.
http://england.shelter.org.uk/get_advice/eviction/harassment_and_illegal_eviction_by_landlord/illegal_eviction

Good luck!

Artful (Landlord)

NinaSwiss

anselld wrote: »

It cuts both ways. If you insist on your statutory rights to two months notice then you will need to give one month notice to coincide with a rental period. That means if you do find somewhere quickly then you may be held to paying nearly two months rent depending on timing.

You can't insist on two month notice and then just stop paying rent at any time of your choosing within that period.

I am aware that I'd need to give 1 month notice which is the ideal period I'd need to sort myself before moving. But If she wants to end it sooner, I'd might be flexible with that, provided I have a place to move to. Otherwise I'm ok to pay for up to a month overlap.