Tenancy Agreement
Discussion
After 2 years of renting a flat, we've decided to move on. Mainly becuase of a damp problem the landlord wownt/cant do anything about.
In the tenancy agreement it states that the term/contract is valid from 2006 to 2007. As we've found somewhere else to move I phoned up to give a months notice as I presumed that was resonable but they want 2 months as in the contract.
Is the contract still valid? I did phone the CAB but its closed until tomorrow..
In the tenancy agreement it states that the term/contract is valid from 2006 to 2007. As we've found somewhere else to move I phoned up to give a months notice as I presumed that was resonable but they want 2 months as in the contract.
Is the contract still valid? I did phone the CAB but its closed until tomorrow..
polus said:
After 2 years of renting a flat, we've decided to move on. Mainly becuase of a damp problem the landlord wownt/cant do anything about.
In the tenancy agreement it states that the term/contract is valid from 2006 to 2007. As we've found somewhere else to move I phoned up to give a months notice as I presumed that was resonable but they want 2 months as in the contract.
Is the contract still valid? I did phone the CAB but its closed until tomorrow..
The landlords notice period should be 2 months and yours as a tenant should be one month. If your existing agreement expired then I think I am right in thinking it does fall to a month for your notice period.In the tenancy agreement it states that the term/contract is valid from 2006 to 2007. As we've found somewhere else to move I phoned up to give a months notice as I presumed that was resonable but they want 2 months as in the contract.
Is the contract still valid? I did phone the CAB but its closed until tomorrow..
Point out that the damp problem has made the contract untenable and that if it comes to it and you hope it wont, that you will seek to recover monies lost from having to wait two months.
Also, at the end of the term tenancies generally go onto a rolling month to month with one month required from either side.
In short, politely, tell them to poke it.
Also, at the end of the term tenancies generally go onto a rolling month to month with one month required from either side.
In short, politely, tell them to poke it.
This is what I thought. They are cocks of the highest order; it’s just that we're trouble free quiet tenants and they know they’ll not rent this place out without sorting the problems. Ill have to tread carefully though as they have my 1K deposit.
Re: the damp problem. I could go down this route but I’m not normally one to kick up any fuss. However, I believe it may have contributed to some health problems that I’m trying to find the cause of (hence the enough’s-enough).
Re: the damp problem. I could go down this route but I’m not normally one to kick up any fuss. However, I believe it may have contributed to some health problems that I’m trying to find the cause of (hence the enough’s-enough).
polus said:
This is what I thought. They are cocks of the highest order; it’s just that we're trouble free quiet tenants and they know they’ll not rent this place out without sorting the problems. Ill have to tread carefully though as they have my 1K deposit.
Re: the damp problem. I could go down this route but I’m not normally one to kick up any fuss. However, I believe it may have contributed to some health problems that I’m trying to find the cause of (hence the enough’s-enough).
Depending on when the tenancy started, there may be some protection for your deposit. LinkyRe: the damp problem. I could go down this route but I’m not normally one to kick up any fuss. However, I believe it may have contributed to some health problems that I’m trying to find the cause of (hence the enough’s-enough).
Worth checking if they have lodged it as they're supposed to.
Hi there
I am unfortunate enough to work in lettings, If you have not signed a AST contract since 2006 you are on what is known as a periodic contract. Basically a month by month rolling contract (this is housing law)this contract rolls on month by month until someone gives notice, The landlord has to give you 2 months notice and you only have to give him 1. I assume this property is managed by the landlord? Most of them haven't got a clue when it comes to the law.
With a fixed term AST i.e say it started on 10/01/09 and was for 6 months your contract ends 09/06/09 and you by law do not have to give notice, you can just leave as your fixed term is up. All landlords ask for 1 or 2 months notice but they can not hold you to it. as you are on a fixed term and are entitled to leave when it ends.
look at the link below or search Periodic tenancy agreement on google.
If that doesn't work and because you started in 2006 the deposit is more than likely to be held by the landlord (check with your agent first) just withhold your last month's rent.
http://www.netlawman.co.uk/info/tenancy-agreement....
I am unfortunate enough to work in lettings, If you have not signed a AST contract since 2006 you are on what is known as a periodic contract. Basically a month by month rolling contract (this is housing law)this contract rolls on month by month until someone gives notice, The landlord has to give you 2 months notice and you only have to give him 1. I assume this property is managed by the landlord? Most of them haven't got a clue when it comes to the law.
With a fixed term AST i.e say it started on 10/01/09 and was for 6 months your contract ends 09/06/09 and you by law do not have to give notice, you can just leave as your fixed term is up. All landlords ask for 1 or 2 months notice but they can not hold you to it. as you are on a fixed term and are entitled to leave when it ends.
look at the link below or search Periodic tenancy agreement on google.
If that doesn't work and because you started in 2006 the deposit is more than likely to be held by the landlord (check with your agent first) just withhold your last month's rent.
http://www.netlawman.co.uk/info/tenancy-agreement....
GLENRED said:
Hi there
I am unfortunate enough to work in lettings, If you have not signed a AST contract since 2006 you are on what is known as a periodic contract. Basically a month by month rolling contract (this is housing law)this contract rolls on month by month until someone gives notice, The landlord has to give you 2 months notice and you only have to give him 1. I assume this property is managed by the landlord? Most of them haven't got a clue when it comes to the law.
With a fixed term AST i.e say it started on 10/01/09 and was for 6 months your contract ends 09/06/09 and you by law do not have to give notice, you can just leave as your fixed term is up. All landlords ask for 1 or 2 months notice but they can not hold you to it. as you are on a fixed term and are entitled to leave when it ends.
look at the link below or search Periodic tenancy agreement on google.
If that doesn't work and because you started in 2006 the deposit is more than likely to be held by the landlord (check with your agent first) just withhold your last month's rent.
http://www.netlawman.co.uk/info/tenancy-agreement....
Absolutley Bang on!I am unfortunate enough to work in lettings, If you have not signed a AST contract since 2006 you are on what is known as a periodic contract. Basically a month by month rolling contract (this is housing law)this contract rolls on month by month until someone gives notice, The landlord has to give you 2 months notice and you only have to give him 1. I assume this property is managed by the landlord? Most of them haven't got a clue when it comes to the law.
With a fixed term AST i.e say it started on 10/01/09 and was for 6 months your contract ends 09/06/09 and you by law do not have to give notice, you can just leave as your fixed term is up. All landlords ask for 1 or 2 months notice but they can not hold you to it. as you are on a fixed term and are entitled to leave when it ends.
look at the link below or search Periodic tenancy agreement on google.
If that doesn't work and because you started in 2006 the deposit is more than likely to be held by the landlord (check with your agent first) just withhold your last month's rent.
http://www.netlawman.co.uk/info/tenancy-agreement....
Just to help those who don't know AST is assured shorthold tenancy.
GLENRED said:
Hi there
I am unfortunate enough to work in lettings, If you have not signed a AST contract since 2006 you are on what is known as a periodic contract. Basically a month by month rolling contract (this is housing law)this contract rolls on month by month until someone gives notice, The landlord has to give you 2 months notice and you only have to give him 1. I assume this property is managed by the landlord? Most of them haven't got a clue when it comes to the law.
With a fixed term AST i.e say it started on 10/01/09 and was for 6 months your contract ends 09/06/09 and you by law do not have to give notice, you can just leave as your fixed term is up. All landlords ask for 1 or 2 months notice but they can not hold you to it. as you are on a fixed term and are entitled to leave when it ends.
look at the link below or search Periodic tenancy agreement on google.
If that doesn't work and because you started in 2006 the deposit is more than likely to be held by the landlord (check with your agent first) just withhold your last month's rent.
http://www.netlawman.co.uk/info/tenancy-agreement....
They are an estate agent who 'manage' many rented properties.I am unfortunate enough to work in lettings, If you have not signed a AST contract since 2006 you are on what is known as a periodic contract. Basically a month by month rolling contract (this is housing law)this contract rolls on month by month until someone gives notice, The landlord has to give you 2 months notice and you only have to give him 1. I assume this property is managed by the landlord? Most of them haven't got a clue when it comes to the law.
With a fixed term AST i.e say it started on 10/01/09 and was for 6 months your contract ends 09/06/09 and you by law do not have to give notice, you can just leave as your fixed term is up. All landlords ask for 1 or 2 months notice but they can not hold you to it. as you are on a fixed term and are entitled to leave when it ends.
look at the link below or search Periodic tenancy agreement on google.
If that doesn't work and because you started in 2006 the deposit is more than likely to be held by the landlord (check with your agent first) just withhold your last month's rent.
http://www.netlawman.co.uk/info/tenancy-agreement....
No contract signed since 2006 (1 year contract) and the deposit was given before the new scheme ran. I can tell they will be muppets so will be writing to say this is the last month and they can deduct 4 weeks from the 6 deposited. Ill have to just battle for the other 2.
As we are on month-by-month, I assume it has to be aligned with the pay dates (in this case 22nd to 22nd)? This isnt clear...
Thanks
Witholding rent in your last month is contrary to your contract. If you have any doubts as to them dealing with this professionally, i.e. a risk you may have to go to Court to recover your deposit, I'd recommend that you play strictly by the rules.
I guess the only way it would work to your advantage to withold rent would be if the deposit equals one month's rent.
I guess the only way it would work to your advantage to withold rent would be if the deposit equals one month's rent.
Gassing Station | The Lounge | Top of Page | What's New | My Stuff