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Can My Landlord do this?????


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Good day

On the 25th November 2006 i signed a six months fixed tennancy agreement for a two bed cottage paid a months rent £450 and two months deposit £900 and after six months the tennancy wiil revert to a month to month tennancy

On the 31st July 2007 i gave one months written notice that i will be leaving the cottage on the 29th August 2007 and i hand posted the notice through my LL home letterbox.

four days passed with no reply so i sent the same letter by recorded delivery and my LL finally replied to me on the 6th August.

A couple of days later i recieved a rather frosty letter from my LL who said that i should have given a full calender months notice and because my month to month starts on the 25 August that in effect i have only given 19 days Notice and if they re -let the house out on before i leave then there will be no problem

To cut a long story short i moved out of the cottage on the 1st September. The LL did the inventory and meters check and signed a note to say that the cottage was left in a clean state and all is well.

He then said that he spoke to his solicitor who told him that i can not leave mid month.

And his his words ( that the clock will keep ticking until he finds a new tennant. Then he will send me an itemised statement with a cheque for whats left of my £900 Deposit.

He assured me that he had a tennant moving in soon and that we would recive the bill /statement in the next few days.

It ahs been tewnty days since and i have recieved nothing also i have seen the cottage re advertised in the paper .

I feel that my depostit has gone but i also know that the LL has a legal right to take up to 30 days to repay the deposit.

I have decided that i am going to take my LL to the small Claims court from the 1st october as i feel i have a strong case IE

  • I have mobile statements to prove that i tried to contact my LL at least 18 times from the 2nd – 6th august, to show that my notice period started on the 31st July/1st August and not on the 6th August as my LL Says it started
  • There is no mention of giving a full calendar month in the tennancy agreement
  • I have taken multi pictures of every room inside and outside to show the courts that the house was left spotless
  • I stayed for the full notice pediod

So the only Questions i have is

can my LL do this?

Does it matter in a court of law that i did not give my notice to quit before the start of the month to month (25th of the month) and waited untill the 31st?

I have just brought a house of my own so hopefully i wont have to put up with this **** again but i want my money back and i want to stop this LL doing this again to the next tennant.

Thanks for taking time out to read this posting and i look forward to the repiles

Hines316

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