giving notice for rented flat advice needed

lynne1985

I started renting the property in october 2005 but in november 2006 it was sold to someone else i just recieved a letter from my old landlord stating i was to start paying someone else from November 2006, my new landlord contacted me came out once had a quick look about and thats the last i've seen of him, have contacted him on the phone when problems have arisen but thats it. The tenancy was 12 months and expired November 2007 landlord never got in touch nor did he issue a new tenancy agreement when my last one expired, i have both copies of the original agreement as he never picked up his copy. Sadly my deposit isn't protected in a TDS scheme well not as far as i know anyway. There was no check in report when i moved in as the previous landlord knew the house wasn't in the greatest of conditions when i moved in so didn't bother doing one and the new landlord didn't bother either. They have stated that i will recieve my deposit back on the day i move out if property is in satisfactory condition is this normal? i thought most landlords handed it back after you had moved out. Not that i'm complaining as this suits me better and means i'll be told there and then what deductions if any are coming off. Also they said they would take a verbal notice would i be better of sending a letter to back this up as well? just to cover my own back. Thanks again everyone you have been most helpful

tbs624

prudryden wrote: »

Eh? I thought we were discussing in general whether a tenant had to abide by the original contractual terms once it went into a Periodic either by design or by default. (Contract or Statutory periodic)

Does - "eh?" = "could you clarify?";)

Pru -you were posting about what notice period the original AST contained as a way of determining a notice period in the following Periodic: quote "why isn't it an obligation to give two months notice (the tenant) if the original contract calls for two months". The point is that a Fixed Term is a Fixed Term : you don't need to give Notice - just go at the end of that Fixed Term (so the notice period mentioned was irrelevant to the Fixed Term ). When you don't leave at the end of the FT, it becomes a Statutory Periodic tenancy,and, as already mentioned, under that Stat Periodic a Tenant only has to give one month Notice.

tbs624

lynne1985 wrote: »

Sadly my deposit isn't protected in a TDS scheme well not as far as i know anyway.

It doesn’t have to be unless you have been given a totally new AST after 6 April 2007, but you can still pursue the LL for repayment through the small claims court, if deductions are made that you don’t agree with. ( Court staff are very helpful and if you need to make a claim there are plenty of posters on here who can give you useful suggestions)

lynne1985 wrote: »

…There was no check in report when i moved in as the previous landlord knew the house wasn't in the greatest of conditions when i moved in so didn't bother doing one and the new landlord didn't bother either. They have stated that i will recieve my deposit back on the day i move out if property is in satisfactory condition is this normal?

A tenant only has to return a property in the same condition as it was when they moved in - the fact that LL has not got a check-in report/inventory signed by both you and the LL should work in your favour. Even if he’d had an inventory stating that everything was in good condition, he’d still need to allow for “ fair wear and tear”, especially after two and half years of a tenancy. (This doesn’t mean that a place can be trashed or left filthy though, just that you would expect paintwork to show a few marks etc.)

lynne1985 wrote: »

….. they said they would take a verbal notice would i be better of sending a letter to back this up as well? just to cover my own back.

Yes, yes, yes - tenants and LL should always confirm things in writing, especially anything to do with repairs issues or giving notice ( keep a copy and send the letter Rec Del - allow for postal delay in your timing - or hand it to him personally. However easy-going either side is, it’s always preferable to have records in case things do go belly-up.

prudryden

tbs624 wrote: »

Does - "eh?" = "could you clarify?";)

Pru -you were posting about what notice period the original AST contained as a way of determining a notice period in the following Periodic: quote "why isn't it an obligation to give two months notice (the tenant) if the original contract calls for two months". The point is that a Fixed Term is a Fixed Term : you don't need to give Notice - just go at the end of that Fixed Term (so the notice period mentioned was irrelevant to the Fixed Term ). When you don't leave at the end of the FT, it becomes a Statutory Periodic tenancy,and, as already mentioned, under that Stat Periodic a Tenant only has to give one month Notice.

This is my problem.
The regulations evidently state that a Stat Periodic takes on the terms and conditions of the original contract (as you say the FIXED TERM). (I think we are agreed on that).

I agree that at the end of the fixed term, the tenant can leave without notice if there has been no agreement to stay. However, if the tenant then decides not to leave but to stay on - the contract then becomes a Periodic tenancy subject to the same conditions as the original contract i.e. rent, payment dates, noise levels, no illegal activities and on and on.
If this is the case, why then is the notice period not the same.
Please copy me something that states he only has to give one month notice, if the original contract calls for two months, so I can clear this up. Everything that I have seen so far, (I may not be looking in the right places), states something like "at least", "at a minumum" etc.
Thanks for your patience.

hostman

prudryden wrote: »

However, if the tenant then decides not to leave but to stay on - the contract then becomes a Periodic tenancy subject to the same conditions as the original contract i.e. rent, payment dates, noise levels, no illegal activities and on and on.
If this is the case, why then is the notice period not the same.
.

Because this is what the legislation, debated by MPs whenever it was brought in, states.

There is no big mystery about it.

prudryden

hostman wrote: »

Because this is what the legislation, debated by MPs whenever it was brought in, states.

There is no big mystery about it.

But that's the problem - it all seems to state "at least" one month. It doesn't seem to limit it to one month or in some cases 4 weeks. You must have read the legislation in order to be adament about it - can you please quote the sentence you are referring to in the legislation?

neverdespairgirl

prudryden wrote: »

But why isn't it an obligation to give two months notice (the tenant) if the original contract calls for two months.

Becuase the original contract has expired.

prudryden

neverdespairgirl wrote: »

Becuase the original contract has expired.

Ah yes, that is true. However, the 1988 Housing Act states that the Stat Periodic tenancy maintains the same terms (the implied terms) as the expired fixed term.
But the answer to the question seems to do more with common law than regulation and that is why I stupidly couldn't find it.
A Stat Periodic tenancy runs on a monthly basis and, therefore, under common law, a L. couldn't require a two month notice. There is probably more to it than this, but that is what I got.
This is courtesy of Jeffrey, a solicitor, on the landlordzone. Credit and Copyright recognized.

lynne1985

sorry for bumping this up again, but basically my landlord has went back on his word and decided i can't move out before the 8 weeks notice, as i said previously i have both copies of the tenancy agreement his copy and mine both unsigned as he never came back to get his and i had a few questions to ask regarding the agreement so i never signed it (it expired in november 2007 but landlord has stated that the terms are still the same even though i don't have a new tenancy) basically im wondering if i can ask him to produce a copy of the agreement signed by myself and him to show that i did agree to the 8 weeks notice, if he can't provide this did we actually have a contract? and if not am i within my rights to leave before the 8 weeks? also woul dthis affect my deposit if i leave before the 8 weeks? i'm hoping to move into my new property on the 1st July so thats 5 weeks away from today sorry if this doesn't make much sense i'm just annoyed that the landlord has went back on his word

tbs624

Lynne - you've seen from the previous posts that you only have to give 1 month's notice - that is the law relating to Stat Periodic Tenancies.

Some of us have also suggested that you contact Shelter and/or your local Council's Private Sector Team(within Housing Dept) - they have a TRO (tenancy relations officer) who will be able to give you good local advice on this. Ring them this afternoon - ask for advice over the phone or make an urgent appt to see them. You are not the first tenant to have to deal with this sort of thing - the TROs deal with it all the time.They can also help you if your LL tries to withhold your deposit because of the notice issue. Get on the phone......now ......... they can give you the support that you need with this