Advice on notice periods and deposit

jojo01

I’m seeking advice on tenancy notice periods please.

I’m currently renting a property (assured shorthold tenancy started in November 2023). It states that I have to give one month’s notice to end the tenancy but can't see anything about the notice period from the landlord.

The landlord is in the process of selling the property. In the meantime, I am in the process of buying another property (though my process is a few weeks behind their sale).

It appears that my deposit has never been protected - I've asked the agent a couple of times but nothing was forthcoming (I've also done a search and can find no record). I believe this means that they cannot seve notice until my deposit has been returned to me in full but happy to be corrected.

Am I right in understanding that the new Renters Rights bill means that the landlord now has to give me 4 months' notice using a Section 8 1A?

I was thinking I may have to move in to short-term accommodation after theirs sold and before my completion goes through but now I’m not so sure!

Also, what if I want to leave earlier than the 4 month period? I don’t want to be paying rent on this property after I’ve moved into my new house.

All advice welcome!

anselld

Yes Secion 8 now for the Landlord, 4 months notice and still possible to defend through failure to protect deposit. Plus you can still sue for up to 3x deposit penalty if you wish.

Unfortunately your notice period has also increased with the RRA to two months which must align with rent dates.

Hopefully the two completions will align and there can be a mutually beneficial negotiation.

jojo01

Thank you for this, it's really helpful.

So that I understand correctly, is it me that can defend a 4 months' notice period from the landlord because they/their agent failed to protect the deposit (so if they gave me 4 months, I could say I don't want that long)?

I don't plan to sue but it's a useful point to mention to them if they get a bit tricksy.

TroubledTarts

Communication is key.

Just for clarity you don't automatically get 3x deposit you will be rewarded between 1-3x of the deposit so sometimes worth pointing this out early and agree a figure rather than all the hassle.

As, has been mentioned, start looking and you can give 2 months notice when it suits you if you want to leave before the 4 months LL notice is up.

anselld

https://forums.moneysavingexpert.com/discussion/comment/82011200#Comment_82011200

No, defending the LL notice would invalidate it at least until the deposit was returned or protected. That doesn't mean you can leave when you like, you would still need to give your own notice.

jojo01

https://forums.moneysavingexpert.com/discussion/comment/82011239#Comment_82011239

Thank you. To be honest, as long as I get my deposit back I'm happy with that.

jojo01

Of course yes, I understand.

gazfocus

The best approach would be to have a conversation with the landlord (not the agent) and see if you can agree something that would suit you both.

The landlord won’t be able to complete on their sale until you have vacated so it’s in their interest to work with you and so I’d be asking if the landlord could arrange their sale completion to be in line with your purchase completion. Obviously would need the agreement from their buyers as well but realistically if you don’t move there’s not a whole lot they can do about it without going to court.

Regarding the deposit, I generally don’t agree with the default stance of going after landlords that make mistakes but in this case the letting agent should know better and the threat of legal action might make the landlord more willing to work with you.

MEM62

@jojo01 Unless you have reason to do so (past history?) don't assume that you have to be confrontational with your landlord. Mutual agreement is always the smoother path through these things.

saajan_12

It appears that my deposit has never been protected - I've asked the agent a couple of times but nothing was forthcoming (I've also done a search and can find no record). I believe this means that they cannot seve notice until my deposit has been returned to me in full but happy to be corrected.

Its worth checkign all 3 schemes yourself. Just to rule out if they did give the info earlier and now its just an unresponsive agent whos not actually hiding anything.

https://forums.moneysavingexpert.com/discussion/comment/82011200#Comment_82011200

What do you mean by this^? After they serve the notice and go to court, you could defend the eviction by saying the deposit wasn't protected and if the LL / agent can't prove it was then there's no eviction at that time. The tenancy would just continue as before until someone does something - whether that's you serving your own 2 month notice or them returning the dposit and serving 4 months notice again.

Alternatively it may be better for you to negotiate a mutually beneficial termination date with the LL, so you don't have any overlap either. Else the 2 months could be quite long and you could end up with losing more than your deposit in unused rent.

jojo01

https://forums.moneysavingexpert.com/discussion/comment/82011902#Comment_82011902

Oh absolutely, I really don't want any confrontation. I just want to be clear on my rights.

Clearly the agent isn't doing things correctly, and tbh the landlords don't know much about the process (and nor have they tried to educate themselves, before or now).