Advice on notice periods and deposit

jojo01

https://forums.moneysavingexpert.com/discussion/comment/82011751#Comment_82011751

Yes this is definitely the way forward.

From what I understand from the agent, he hadn't wanted to give notice because he was hoping that he could find me somewhere temporary to move to (in the meantime, I had been expecting notice at some point so I had a definite date to work with!). I suspect the real reason he didn't want to give me notice is that to do so, he'd have had to pay my deposit back first.

jojo01

https://forums.moneysavingexpert.com/discussion/comment/82011974#Comment_82011974

Yes I've checked all 3 schemes and there's nothing showing. I told the agent a while back I had when I was asking for the documentation in the hope that he might provide something, to no avail.

I'm not looking to go down the court route (and I don't believe the landlords will want to). It'll be a mutually agreeable date (hopefully which ties in with my completion date), and I hope that the unprotected deposit will act as leverage for me!

jojo01

Thanks all for your input, I really do appreciate it and sorry for the delayed replies.

mlz1413

If LL finds you other accommodation would you need to pay to move all your stuff? So effectively you would move twice?

Might be worth saying that you are willing to give upto 2 months notice to line up with your move, but as your deposit has not been protected you feel it only fair to have a rent free period during your notice to the value of the deposit. This is your only guaranteed way of seeing your deposit returned.

Also as the LL didn't do what the law stated then it is in his best interests not to argue.

I doubt any moving in inventory would be worth holding you to if this triggered you challenging any deductions in court.

I won't put any effort into helping him sell the house to his timescales unless he gives you your deposit and moves you into another place. Plus you need to ensure you know what the rent is for the new shirt term place.

Grumpy_chap

If the LL is selling the property and seeking to do so with vacant possession then the LL, if they have any brains, will be happy that you are agreeable to leave without contest and should work with you to accommodate whatever date to depart works well for you whether or not you have given notice that exactly matches whatever notice terms you are required to give.

jojo01

https://forums.moneysavingexpert.com/discussion/comment/82015016#Comment_82015016

It's a furnished property so I could move to a short term place without having to pay for removals (all of my furniture is in storage so will obviously be paying to get that into the new house).

I think legally I would have to give two months notice to the LL anyway (whereas they have to give me 4) which would see me through to my completion date in the new house (fingers crossed). Agree about the rent free period - I'd be asking for the last month to be rent free. I also never received an inventory so I'd be surprised if they try to contest anything in that regard.

jojo01

https://forums.moneysavingexpert.com/discussion/comment/82015110#Comment_82015110

I must admit I thought that if you're selling a house with a current tenant, vendors had to get the tenant to sign to say they'd be out by completion. That hasn't happened in this case.

I think they'll be willing to negotiate departure date - I don't think they really have much choice to be honest!

Myci85

Slightly off topic, but the advice is always to not give notice in your rental property until you have exchanged on your purchase, as sales can and do fall through or get delayed. I would probably in your shoes informally let the landlord know that you're hoping to be out in 2 months, but you can't give formal notice until your exchange date. Then it is up to them if they will accept a shorter than 2 months notice as it sounds that would benefit them as well as you.