Giving notice after AST expired

KTD10

A friend of mine is currently renting a one bed studio and her AST expired in November. She is keen to move into a shared house as was finding living alone wasn’t for her and a place has come up nearby that’s available next month. However, when her AST ran out she agreed with her landlord via text message that she would give him 3 months notice to move out.

I’ve told her that as she didn’t sign another AST she only needs to give one months notice but she is insisting that legally she has to give 3 months. She is afraid that he will withhold her deposit if she gives less than that and I explained that he can’t withhold it without a good reason and that she could make a claim against the deposit scheme if he did, to which she replied ‘what deposit scheme?!’ :eek:

So my question is, I am correct in that she only needs to give one months notice? It sounds like her deposit isn’t protected either which could give her some sway if he gets difficult.

Pixie5740

KTD10 wrote: »

A friend of mine is currently renting a one bed studio and her AST expired in November. She is keen to move into a shared house as was finding living alone wasn’t for her and a place has come up nearby that’s available next month. However, when her AST ran out she agreed with her landlord via text message that she would give him 3 months notice to move out.

I’ve told her that as she didn’t sign another AST she only needs to give one months notice but she is insisting that legally she has to give 3 months. She is afraid that he will withhold her deposit if she gives less than that and I explained that he can’t withhold it without a good reason and that she could make a claim against the deposit scheme if he did, to which she replied ‘what deposit scheme?!’ :eek:

So my question is, I am correct in that she only needs to give one months notice? It sounds like her deposit isn’t protected either which could give her some sway if he gets difficult.

The AST didn't expire in November. The fixed term might have ended but the following day a periodic tenancy would automatically have started. The required notice will depend on whether she has a Contractual or Statutory Periodic tenancy although the text may complicated things although an unprotected deposit would be an ace up her sleeve.

See G_M's Guide to Ending/Renewing an AST for further information and his Guide to Deposits.

saajan_12

KTD10 wrote: »

A friend of mine is currently renting a one bed studio and her AST expired in November. - you mean the fixed term expired. She is still on a (periodic) AST. She is keen to move into a shared house as was finding living alone wasn’t for her and a place has come up nearby that’s available next month. However, when her AST ran out she agreed with her landlord via text message that she would give him 3 months notice to move out. - please quote the exact wording of the text conversation. This could have created a Contractual Periodic Tenancy (CPT), with both parties able to specify terms including 3 months notice.

I’ve told her that as she didn’t sign another AST she only needs to give one months notice - not necessarily, if she is on a SPT then it's one tenancy period notice, in line with period end dates. If she's on a CPT then the notice is per the terms agreed (either in the original contract or a subsequent agreement e.g. by text) but she is insisting that legally she has to give 3 months. She is afraid that he will withhold her deposit if she gives less than that and I explained that he can’t withhold it without a good reason - true, but if she gives insufficient notice, then rent upto the correct notice period would be good reason. and that she could make a claim against the deposit scheme if he did, to which she replied ‘what deposit scheme?!’ - Friend not remembering whether she's had paperwork on this doesn't mean its not protected. It's easy to check the 3 schemes. If it is protected, then great, if not then friend can claim back any unreasonable deductions and the penalty for non protection through a court. Or better still, negotiate with the LL to forego notice in return for full deposit return without penalty. ':eek:

So my question is, I am correct in that she only needs to give one months notice? It sounds like her deposit isn’t protected either which could give her some sway if he gets difficult.

Notice:

• If the most contract outlines what happens after the fixed term, then this creates a CPT -> notice is as outlined in the contract.
• If the text messages form an agreement for the periodic tenancy (please quote wording) this can create a CPT -> notice is 3 months as agreed.
• If neither, then friend is on a SPT -> tenant's notice is 1 full tenancy period e.g. if periods are 20th to 19th, then any notice served now would expire 20th March.

Deposit:
Check with each scheme by entering the tenancy details on each one's website.

• If protected, great.
• If unprotected, friend can still claim back any unreasonable deductions and (separately) claim the penalty of 1-3x deposit for non protection.
• Before applying to court, she should negotiate with the LL to forego notice or return full deposit in return for not persuing the penalty or whatever.