SPT notice period

roberttenant1

Deposit is in a scheme.

Claiming I have to give 60 days notice doesn't really make sense anyway from a logical perspective and it is not specified how I should give this notice. Can I give it at any time or is it a minimum of 60 days prior to the 3rd of a month ? If the agreement was on a per week or per 30day period I could still understand, but it is is not as I pay on the 3rd of each calendar month.

First I will see what they say, then if they argue and deduct my deposit I will raise a dispute, then small claims court. Now my final question, is it possible to take someone to small claims court while being overseas ? because I'll have left the country by then.

G_M

Contractually there is no issue

roberttenant1 wrote: »

Claiming I have to give 60 days notice doesn't really make sense anyway from a logical perspective
forget 'logic'. Law is what counts.
and it is not specified how I should give this notice.
It should be served to the address provided by the LL in writing in accordance with the Housing Act 2008.
Can I give it at any time or is it a minimum of 60 days prior to the 3rd of a month ?
It states 60 days. Therefore it means 60 days.
If the agreement was on a per week or per 30day period I could still understand, but it is is not as I pay on the 3rd of each calendar month.
In the case of a contractual notice period, the frequency of rent payment is irrelevant. It is the contractual notice period that matters.

First I will see what they say, then if they argue and deduct my deposit I will raise a dispute, then small claims court. Now my final question, is it possible to take someone to small claims court while being overseas ? because I'll have left the country by then.

There you have a problem. Someone will need to present your case if you are unable to. A solicitor perhaps (though in a Small Claims hearing you cannot reclaim legal fees even if you win). Or perhaps a trusted friend/acquaintance to whom you give POA.

His_Dudeness

These clauses are very badly drafted with several contradictions.

However, it seems reasonable to conclude that you have a SPT, not least because the agreement states so.

If they create trouble, do dispute through the deposit scheme, pointing the relevant clause and statute, as it would be a costly pain to sue from abroad.