12 Months Lease - Advice Please

baileyboy · 9th January 2007, 11:48

Can someone advise me please. In December 2005 my son signed a 12 month lease for his flat owned by a private landlord. The lease expired on the 22nd Dec 2006. He paid a £450 deposit at the start and has paid his rent of £450 on the due date every month for twelve months on time. Due to a change of job in a new area, he told the landlord on 1st Dec 2006 that he would not want to renew the lease. He actually move out the flat on the 16th Dec and handed in the keys.
The looking at the contract, it says that he has to give two months notice. Our position is that the term is 12 months, he's paid 12 months and handed in keys before end of term. The landlord is now saying that my son has now to pay another two months rent (making 14 months in all) to compensate for not giving two months written notice. The landlord has not returned the deposit either.
According to the Shelter web site, providing you pay rent for the duration of the lease, and you don't stay over your period, then legally you are not obliged to give notice, although its polite to do so.

Any advice would be appreciated.

ED1237 · 9th January 2007, 13:43

Shelter is absolutly correct. The length of the contract was for 12 months. The 2 months notice would only apply during that period. I would write to the landlord and advise of this fact, and demand the return of the deposit. Give him 14 days to comply. If he doesn't send a letter before action giving him another 14 days then file a claim with the court.

I hope this helps.

baileyboy · 9th January 2007, 14:07

Quote:

Originally Posted by ED1237

Shelter is absolutly correct. The length of the contract was for 12 months. The 2 months notice would only apply during that period. I would write to the landlord and advise of this fact, and demand the return of the deposit. Give him 14 days to comply. If he doesn't send a letter before action giving him another 14 days then file a claim with the court.

I hope this helps.

Most grateful for your comment Ed, thats how I read it, I think the landlord is trying to pull a fast one.

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