Landlord won't let us leave

alleyway

GM your post was very useful. I can't quote it as I'm a new user


This is great info. I have a fixed term under an assured shorthold tenancy agreement. It looks like we'll be able to leave without the two months. As long as find out where the deposit is protected might be able to claim it back via them directly?

jjlandlord

Guest101 wrote: »

If u stay, it becomes two months notice.

How do you figure?

G_M

jjlandlord wrote: »

How do you figure?

Hmmm..., this old chestnut!

By your reckoning jj, if the OP gives notice on day 1 of the SPT, he can leave at the end of the 2nd tenancy period which is.... 2 months (less a day).

Though possibly guest101 was assuming it becomes a Contractual Periodic with a 2 month notice clause.

alleyway

Who are the Deposit Scheme Operator? I'm wondering if this is not real, possibly it was a general term on this possibly standard downloaded contract, where she was suppose to enter the proper companies name? Possibly it is unprotected?

alleyway

I guess if we live even a day into out of contract period then we'll be upheld to the conditions of the contract again as new roling contract. That way she's got us trapped.

It looks now that i have some bargaining tools given this is a few days prior to the end the contract. Given she doesn't want to have the place unrented until she sells she'll likely agree our desired one month notice. Some money is better than none.

jjlandlord

G_M wrote: »

By your reckoning jj, if the OP gives notice on day 1 of the SPT, he can leave at the end of the 2nd tenancy period which is.... 2 months (less a day).

Though possibly guest101 was assuming it becomes a Contractual Periodic with a 2 month notice clause.

In the first case that's not 2 months notice, but 1 month notice with caveats.

In the second case, we cannot say if OP can end the tenancy at the end of the term.

We don't even know which case applies.

Hence my question, which was more rhetorical than anything.

alleyway

Thank you all for your help. I fell i have some feathers in my bow for when i call her tomorrow.

xHannahx

The deposit protections schemes have always sent us a certificate, did you get anything from the deposit protection people?

alleyway

I haven't received anything from a deposit company, and I've been here two years. This leads me to believe its not protected.

As mentioned before in other posts this might help me out in negotiations.

dgtazzman

Even if it is protected, if you weren't provided with the legally required details regarding the protected deposit, the landlord is still liable to return the full deposit amount, plus up to 3 times said amount as compensation, should you choose to take it to court. Clauses in contracts are usually global ones, which unlikely contain the information that is legally required.

Classic case of wanting the cake and eat it, it seems to me. You are on an AST, leave by the end of the fixed contract and she hasn't got a leg to stand on. If the deposit is protected, dispute deductions. If it isn't protected, threaten court action.