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    • ric1982
    • By ric1982 9th Aug 18, 5:44 PM
    • 184Posts
    • 25Thanks
    ric1982
    Giving notice to the rental and Deposit
    • #1
    • 9th Aug 18, 5:44 PM
    Giving notice to the rental and Deposit 9th Aug 18 at 5:44 PM
    Hi,

    We have just exchanged completion in next week.

    I was wondering what should we do with the issues in our current rental property so that we can minimise the damage to the deposit.

    Background:
    • Rented for last 10 years.
    • No rent rise.
    • Agency was changed last year.
    • Deposit is being protected in the government scheme but originally it wasn't.
    • Landlord only changed Boiler, Fridge freezer, gas hob and washing machine.
    • No renovation done at all since we moved in.
    • Carpets: prob. 15+ old teared at some places (we had to tap it up)
    • Walls Color: Prob. 20+ years old. Some marks (pen/pencil), visible sign of damp.
    • Furniture: Prob. 12+ years old. Some of them are broken due to age.
    • One of the bedroom door has screw losse on hinge. I tried to tight it up but it gets loose.
    • The agency have stopped doing visits since last 9 months (their three monthly).

    The property is not in the state when it was originally rented but its been 10 years and all is wear/tear and use. When we started renting it, everything was old.

    Any idea?
Page 1
    • Margot123
    • By Margot123 9th Aug 18, 6:29 PM
    • 1,024 Posts
    • 1,040 Thanks
    Margot123
    • #2
    • 9th Aug 18, 6:29 PM
    • #2
    • 9th Aug 18, 6:29 PM
    Your rental agreement should define what you are responsible for during your tenancy, and when you give notice.
    • Annie35
    • By Annie35 9th Aug 18, 6:39 PM
    • 227 Posts
    • 189 Thanks
    Annie35
    • #3
    • 9th Aug 18, 6:39 PM
    • #3
    • 9th Aug 18, 6:39 PM
    After 10 years there will likely be little to deduct as wear & tear is counted. Just give it back as best you can, hoover/dust/wipe over etc.

    If any deductions are attempted you go to the deposit scheme & dispute it.

    I'd maybe get a magic sponge on scribbles tho, that's not wear & tear & not worth an argument over
    • G_M
    • By G_M 10th Aug 18, 4:50 AM
    • 44,992 Posts
    • 53,615 Thanks
    G_M
    • #4
    • 10th Aug 18, 4:50 AM
    • #4
    • 10th Aug 18, 4:50 AM
    Notice

    You give absolutely zero information about the tenancy agreement so we cannot comment on the notice required:

    * fixed term? Exact dates please
    * Periodic from the start? Notice specified/agreed at the start?
    * Fixed term at start now expired? Any clause in the tenancy agreement about subsequent periodic tenancy? Date fixed term expired?
    * Rent weekly? Monthly? Quarterly?


    Deposit
    1) Given the length of the tenancy, and age of the carpets, decor etc, it is likely any deterioration would be 'fair wear and tear'.
    2) the new boiler & white goods should obviously still be in good condition unless you have damaged them
    3) was there a check in inventory? How does it describe the decor, furniture etc?
    4) date deposit paid and date deposit registered?
    5) do you understand 'betterment'? See link below.


    * Deposits: payment, protection and return
    • ric1982
    • By ric1982 10th Aug 18, 10:02 AM
    • 184 Posts
    • 25 Thanks
    ric1982
    • #5
    • 10th Aug 18, 10:02 AM
    • #5
    • 10th Aug 18, 10:02 AM
    Apologies about the details...

    For first six months it was 6 months AST. Now its monthly rolling. I need to give a month's notice. The tenancy starts from 5th of every month. Rent monthly.


    Deposit:
    3) the inventory is vague and missed some of the things; which from memory I had pointed out when I first moved in. None of the things were new when we stared this tenancy 10 years ago.
    4) One thing to notice that the previous agency failed to register the deposit under the deposit scheme. Then the agency realise this and contacted me for my approval which I had provided and its now under deposit protection scheme. This was 2 years ago.
    5) Thanks I'll have a look.

    Thanks
    • G_M
    • By G_M 10th Aug 18, 1:34 PM
    • 44,992 Posts
    • 53,615 Thanks
    G_M
    • #6
    • 10th Aug 18, 1:34 PM
    • #6
    • 10th Aug 18, 1:34 PM
    I need to give a month's notice.
    Based on what?

    Notice

    * Fixed term at start now expired? Any clause in the tenancy agreement about subsequent periodic tenancy?

    Originally posted by G_M
    3) the inventory is vague and missed some of the things; which from memory I had pointed out when I first moved in.
    well that was remiss of you. You should have corrected the inventory before signing it.

    None of the things were new when we stared this tenancy 10 years ago.
    But some of them were new during the tenancy

    4) One thing to notice that the previous agency failed to register the deposit under the deposit scheme. Then the agency realise this and contacted me for my approval which I had provided and its now under deposit protection scheme. This was 2 years ago.
    4) date deposit paid and date deposit registered?
    please answer the questions.
    • ric1982
    • By ric1982 10th Aug 18, 1:52 PM
    • 184 Posts
    • 25 Thanks
    ric1982
    • #7
    • 10th Aug 18, 1:52 PM
    • #7
    • 10th Aug 18, 1:52 PM
    Notice will be from the start of date. so I guess its 5th of the month.

    No subsequent tenancy clause. Its just monthly rolling.

    >well that was remiss of you. You should have corrected the inventory before signing it.

    I got inventory when we moved in the property, we had no way of verifying the document with the actual contents in the property.

    >date deposit paid and date deposit registered?

    Update:
    Date paid: In 2008 Registered in 2008
    Deposit Updated in : In 2015 (Not sure what this means)
    Last edited by ric1982; 10-08-2018 at 5:39 PM.
    • ric1982
    • By ric1982 10th Aug 18, 5:37 PM
    • 184 Posts
    • 25 Thanks
    ric1982
    • #8
    • 10th Aug 18, 5:37 PM
    • #8
    • 10th Aug 18, 5:37 PM
    btw I have given the notice yesterday but haven't heard anything from anyone since then. I have called the agency and they told me that the notice period starts from 5th so I missed the notice period date by 4 days! meaning I now have to pay extra month's rent + whatever they charge for damages from deposit and may be then some.

    Really worried that I will be out of pocket!
    • HampshireH
    • By HampshireH 10th Aug 18, 5:49 PM
    • 858 Posts
    • 919 Thanks
    HampshireH
    • #9
    • 10th Aug 18, 5:49 PM
    • #9
    • 10th Aug 18, 5:49 PM
    Ask for your Agent/LL to visit the property in advance of leaving if you are that concerned.
    However as above pretty much most things will be wear and tear coming to the end of their life expectancy anyway.

    It makes sense they ask you to pay the extra month. It isn't an extra month really, its just you didnt think to look into it sooner, which isnt your LL fault.
    • ric1982
    • By ric1982 10th Aug 18, 5:54 PM
    • 184 Posts
    • 25 Thanks
    ric1982
    It makes sense they ask you to pay the extra month. It isn't an extra month really, its just you didnt think to look into it sooner, which isnt your LL fault.
    Originally posted by HampshireH
    We have only just exchanged contract yesterday. Believe me I tried!! but we missed the 5th date for one reason or another (out of my hand). Just really annoyed. Could I put request to my landlord to consider earlier exit without paying extra rent. Of course I will be paying until I stay at the property.
    • HampshireH
    • By HampshireH 10th Aug 18, 6:14 PM
    • 858 Posts
    • 919 Thanks
    HampshireH
    You can ask...!!!8230;. they may suggest if they can get a tenant sooner then they will refund the difference.

    But its easier said than done. Also it will be a bit hard to do if you don't know what date you intend to actually leave
    • G_M
    • By G_M 11th Aug 18, 1:29 AM
    • 44,992 Posts
    • 53,615 Thanks
    G_M
    Notice will be from the start of date. so I guess its 5th of the month.
    No idea what you mean.

    No subsequent tenancy clause. Its just monthly rolling.
    So a Statutory Periodic Tenancy.
    Notice is not "1 month". It is one full tenancy period.

    >well that was remiss of you. You should have corrected the inventory before signing it.

    I got inventory when we moved in the property, we had no way of verifying the document with the actual contents in the property.
    Of course you did. On the day you moved in, you walk around the property checking off each item, correcting any errors, and notig any damage not already on the inventory.

    You then copy it, and sign and send one copy (keeping the other) to the landlord asking him to sign and return. Or you pop in to the agent's office with it and ask for a signiture on it.

    >date deposit paid and date deposit registered?

    Update:
    Date paid: In 2008 Registered in 2008
    Deposit Updated in : In 2015 (Not sure what this means)
    Originally posted by ric1982
    Those are not exact dates, however it appears that your earlier statement is erroneous then :

    Deposit is being protected in the government scheme but originally it wasn't.
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