Two weeks notice to vacate from Land Lady

NinaSwiss

Annisele wrote: »

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.

I'll look the link up. Thanks

RAS

Contact Shelter and hopefully they will contact your LL and explain the law to her, as they did for another poster here whose LL threatened to evict him illegally.

NinaSwiss

booksurr wrote: »

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!

a - I have a rent book which was used to make 5 payments on a monthly basis. eg she collected £350 cash on the 23rd for the month ahead starting 24th. After the 5 payments, we switched to Stand Order and no longer recorded on rent book.

b - I got the alignment information from shelter website. I'd be happy if I can get 2 months notice if not then I'll have to manage with 1.

c - Happy to give 1 month notice as I would have alot to do before moving and not too bothered about overlaps(up to a month) as such. I'm more concerned about having the right place to move to with the right people and within my new budget .

d - This is good news.

NinaSwiss

RAS wrote: »

Contact Shelter and hopefully they will contact your LL and explain the law to her, as they did for another poster here whose LL threatened to evict him illegally.

Ok. will do. Thanks

NinaSwiss

jjlandlord wrote: »

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.

The exact figures: rent is 80/wk and I pay £347(plus separate extra towards a house kitty) on the 23rd of each month. The contract says the original fixed term was for 3 months.

NinaSwiss

jc808 wrote: »

are you a lodger?

No not a lodger. The LL lives elsewhere.

NinaSwiss

Mrs_pbradley936 wrote: »

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

She only intends to rent out the room. Its a 2 bed property. Son uses the living and dining room, second flatmate uses single room and I am in the double. Landlady lives a few roads away. Son has never worked so unlikely to be his property and she is the one I pay rent to.

G_M

Annisele wrote: »

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).

Thanks for signposting my link which may be helpful to the OP.

However S Vs T clarified the way a landlord can give notice.

A tenant must always give notice to align with the (periodic) tenancy period.

Whilst it seems fairly clear the OP is a tenant, I suspect the LL is treating them as a lodger, probobly because the LL has family (son) residing in the property.

Whilst this is unlikely to cut any ice with a judge if it came to that, courts can be unpredictable at times......

Voyager2002

I think you will find that since you were sharing the house with a close family member of the owner and one other person, you are classed as a lodger. That means that there was no obligation to protect the tenancy; you do not have the various rights that you have mentioned; she has acted correctly.

However, anyone who imagines that by getting a couple she can increase the market value of a room in a shared property by that much is living in cloud-cuckoo land.

NinaSwiss

G_M wrote: »

Thanks for signposting my link which may be helpful to the OP.

However S Vs T clarified the way a landlord can give notice.

A tenant must always give notice to align with the (periodic) tenancy period.

Whilst it seems fairly clear the OP is a tenant, I suspect the LL is treating them as a lodger, probobly because the LL has family (son) residing in the property.

Whilst this is unlikely to cut any ice with a judge if it came to that, courts can be unpredictable at times......

Perhaps its the case that she is treating me as a lodger. Whilst her son does live here, he also pays her rent from his housing benefit under separate tenancy agreement. Don't know if it makes much of a difference but I'll see what shelter advise.