Need some legal advice - Landlord being unreasonable

[subbs]

Hi just a quick question for all you knowledgeable ph'ers out there.

My landlord served me a notice requiring possession which i received on the 28th of April. It gave me two months to move out as he is 'selling the house' this was fine as i was planning to move out anyway.

Rent is paid on the 28th of each month which i paid and would cover me until the 28th of May.

I found a new property yesterday and planned to move in as soon as possible. I then called the landlord today asking if i would be able to get any of the rent back from this month at all if i moved out next week.

He then stated that not only would i not get any rent back (which i was expecting anyway) but also that i would have to pay another months rent on top as i did not give my months notice before rent date and so it would have to carry over as a months notice from the next rent date.

Then after discussing this with him he said i wouldn't have to pay an extra months rent and he would just take my deposit instead (which is protected in the DPS).

After reading my contract it only states:

'The landlord requires a minimum of one months notice of a tenants intention to leave the property'

So if anything i should just owe him an extra weeks rent to cover a month from today? Does anyone have any advice or know any more on this at all would really help me out.

Thanks in advance!

[JustinP1]

You can give one month's notice whenever you like!

The final month is paid pro-rata.

He's having you on because he knows he's lost 3 weeks rent...

[carreauchompeur]

Yep, the month's notice is from any point. Tell him to do one, and I don't suspect this is a legitimate use of the deposit in any case.

[Red Devil]

JustinP1 said:

You can give one month's notice whenever you like!

The final month is paid pro-rata.

He's having you on because he knows he's lost 3 weeks rent...

Unless it is within the unexpired term of an existing AST in which case rent for the full period is payable unless the landlord agrees otherwise. If it has reverted to a periodic tenancy then I would agree with you.

The landlord would be on very shaky ground withholding a deposit protected under the DPS.

[mjb1]

Red Devil said:

Unless it is within the unexpired term of an existing AST in which case rent for the full period is payable unless the landlord agrees otherwise. If it has reverted to a periodic tenancy then I would agree with you.

The landlord would be on very shaky ground withholding a deposit protected under the DPS.

The landlord can't withhold the deposit even if he wanted to, as he isn't holding it in the first place - it's with the DPS. They will only deduct from it for the purpose which it was originally intended, i.e. damage/loss to the property. He might well try it on by claiming excessively for damage, but at worst it will only delay the tenant getting his deposit back.

[subbs]

mjb1 said:

Red Devil said:

Unless it is within the unexpired term of an existing AST in which case rent for the full period is payable unless the landlord agrees otherwise. If it has reverted to a periodic tenancy then I would agree with you.

The landlord would be on very shaky ground withholding a deposit protected under the DPS.

The landlord can't withhold the deposit even if he wanted to, as he isn't holding it in the first place - it's with the DPS. They will only deduct from it for the purpose which it was originally intended, i.e. damage/loss to the property. He might well try it on by claiming excessively for damage, but at worst it will only delay the tenant getting his deposit back.

Brilliant! Thats what i thought. The notice says that it is a periodic assured shorthold tenancy now. Theres no damage at all and i even re-painted the room while i was here. Will talk to him again tomorrow and hopefully get it sorted. Either way im not paying him any more money and if it comes to it can dispute my deposit through the DPS.

Thankyou for all your help has put my mind at ease knowing im not in the wrong its great knowing pistonheads is always here for anything not just petrolhead related matters

[cotney]

subbs said:

Brilliant! Thats what i thought. The notice says that it is a periodic assured shorthold tenancy now. Theres no damage at all and i even re-painted the room while i was here. Will talk to him again tomorrow and hopefully get it sorted. Either way im not paying him any more money and if it comes to it can dispute my deposit through the DPS.

Thankyou for all your help has put my mind at ease knowing im not in the wrong its great knowing pistonheads is always here for anything not just petrolhead related matters

You may have to pay an extra weeks rent still. Have you given written notice to the landlord yet? If not, do it ASAP.

[PurpleMoonlight]

I don't agree that under a periodical tenancy the tenants notice is a straight month from date of notice, unless that notice is dated the rent due date. I believe the month commences from the rental due date following the notice.

Your landlord has the same condition but with two months, which he appears to have complied with by.

Furthermore the landlord is within their rights to retain any unpaid rent due from the deposit.

[wolves_wanderer]

PurpleMoonlight said:

I don't agree that under a periodical tenancy the tenants notice is a straight month from date of notice, unless that notice is dated the rent due date. I believe the month commences from the rental due date following the notice.

Your landlord has the same condition but with two months, which he appears to have complied with by.

Furthermore the landlord is within their rights to retain any unpaid rent due from the deposit.

But the OP quoted his contract which doesn't mention anything about notice having to be from a rental date

[Devil2575]

PurpleMoonlight said:

Furthermore the landlord is within their rights to retain any unpaid rent due from the deposit.

Really? That's not my sisters experience. She is due unpaid rent from the last lot of tenants she had in but she is not allowed to take it from the deposit.

[J3PTF]

wolves_wanderer said:

But the OP quoted his contract which doesn't mention anything about notice having to be from a rental date

The bit quoted could easily have been taken out of context. It is not uncommon for the bit quoted to be followed by 'commencing from the next rent payment / full month'

[CYMR0]

J3PTF said:

The bit quoted could easily have been taken out of context. It is not uncommon for the bit quoted to be followed by 'commencing from the next rent payment / full month'

This. The answer is (d) not enough information has been provided.

[5678]

OP, I have recently been through a lengthy dispute with my ex LL dealt with by the DPS. They were excellent throughout the entire process and I retained 93% of my deposit, the 7% I offered to the LL willingly.

If you need any advice or help with a dispute please message me.

Regarding your situation, I am not familiar with the situation on the last months rent being pro-rata. Check your contract carefully. As you have established though, the LL has set the end date for the tenancy, so you are not liable in anyway for money beyond this date.

[PurpleMoonlight]

Devil2575 said:

Really? That's not my sisters experience. She is due unpaid rent from the last lot of tenants she had in but she is not allowed to take it from the deposit.

Who said she can't?

http://england.shelter.org.uk/get_advice/paying_fo...

[omgus]

PurpleMoonlight said:

I don't agree that under a periodical tenancy the tenants notice is a straight month from date of notice, unless that notice is dated the rent due date.

As a renter i have never found that to be the case.

I know that for the initial contract period it is different but once you have passed the 6/12/24month mark set out in your initial tTennancy agreement i have simply had to provided written confirmation that i will be leaving on a certain date.

[PurpleMoonlight]

wolves_wanderer said:

But the OP quoted his contract which doesn't mention anything about notice having to be from a rental date

The term 'month' usually refers to a rental month not a calender month.

[subbs]

J3PTF said:

wolves_wanderer said:

But the OP quoted his contract which doesn't mention anything about notice having to be from a rental date

The bit quoted could easily have been taken out of context. It is not uncommon for the bit quoted to be followed by 'commencing from the next rent payment / full month'

To clarify this is at the end of the contract and ends exactly how ive written with no other refereral to the matter of notice or rent.

'The landlord requires a minimum of one months notice of a tenants intention to leave the property'

[subbs]

omgus said:

PurpleMoonlight said:

I don't agree that under a periodical tenancy the tenants notice is a straight month from date of notice, unless that notice is dated the rent due date.

As a renter i have never found that to be the case.

I know that for the initial contract period it is different but once you have passed the 6/12/24month mark set out in your initial tTennancy agreement i have simply had to provided written confirmation that i will be leaving on a certain date.

I have been in this accommodation for nearly 3 years now so way past the initial 6 moonths and never signed a new contract still the original.

[subbs]

Just to keep you up to date ive talked to the landlord again this morning and hes still protesting that i need to pay another months rent up until the end of May. I understand while in the contract the term 'month' may refer to rental month but it does not specify this and that was not my understanding when i signed the contract.

In fact i was planning to move out once before and that time he said i could just pay any extra weeks that i had left mentioning nothing about paying a whole months rent on top.

Its ridiculous that hes changed his tune now and is being so greedy after ive been a good tenant always paid on time and the only one who actually takes care of the property. Wish i had been an ar**hole now haha I honestly think its just cheeky to hand me the notice the day before rent which i didn't receive in enough time to give me notice before rent date. Am going to ask some other estate agents what they think today and see what im going to do.

Thanks for all the feedback guys, any more would be appreciated!

[surveyor]

Once the tenancy becomes periodic, ie. past the date of fixed term, one months notice must be given to expire at the of the rent period.

Sorry OP not good news, but your landlord is right.

See

http://www.landlordzone.co.uk/notice_to_quit.htm