Can My Landlord do this?????

[hines316]

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 has been twenty days since and i have recieved nothing also i have seen the cottage re advertised in the paper .

 

I feel that my deposit 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

[lok44]

The 1 month notice can be from anytime after the end of the tenancy agreement, so if you serve notice on the 6th then you leave on the 6th of the next month.

 

But wait to hear from the more informed members, as my opinion is not an expert one unfortunately.

[hines316]

thats what i thought thankyou

[MrShed]

Not sure where you get that info lok, but its wrong...

[lok44]

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.

 

Those bits sound really dodgy, sounds like he's tried this [problem] before.

 

Then apologies to Hines & MrShed.

[hines316]

whats wrong?

[Jeanjaquessmoothie]

You cannot leave mid month. You can only leave at the end of a rent period.

 

If you pay the rent on the 1st of the month, you can only officially leave the property on the first.

[PKea]

Not sure where you get that info lok, but its wrong...

 

If you know its wrong, why not put what is correct. instead of just leaving that. I can't see how your post helped, the OP is still no better off

 

 

You cannot leave mid month. You can only leave at the end of a rent period.

 

If you pay the rent on the 1st of the month, you can only officially leave the property on the first.

 

Maybe MrShed, if you'd put something like this, it would have helped the OP

[MrShed]

With respect PKea, I would suggest you check my post history, before slating my perhaps one abrupt post. I unfortunately work, and sometimes I actually have to do work at work, so have time to leave only a very brief message. My message made it clear that what lok and the OP thought was the case was not, and so did help emphasise that the position they had thought was wrong. I was in time, when I got a second, going to return and clarify the position. I thought the important thing in short term was to ensure incorrect advice was not accepted, then less important giving the correct advice. Therefore my post was of some use. However, if you want to see a post that helped no-one at all, the OP or otherwise, feel free to look at your own - it merely consisted of flaming my post, with no real purpose.

[hines316]

so if i can not leave mid month then i should get back 50% of my desposit as my leaving date in the court eyes will be 25th September 2007 is this right?

[blitz]

You need to effectively give your months notice before or on the day you pay the rent. To end the tenancy at the end of that months rent period (or agree a pro-rota amount for any days staying over that month period).

 

If you did leave half way through the month, i.e 19 days early you would still be liable for that 19 days rent which the landlord could take out the deposit. Essientally you would owe the landlord till 24th September.

 

He should however only take out that amount and not anymore from the deposit if the money is still outstanding. If the landlord cannot find a new tenant, he cannot charge you for the rent of the property after the 24th.

[MrShed]

After my rant above, I shall embellish. You are liable for rent until the 24th of September. It is impossible, from my reading of your posts, to actually give a full answer, as you have not actually said up until which date you were paid up for the rent - we need to know this. Also, there are as you say potential deductions for damages in addition to outstanding rent, which you are awaiting confirmation from the landlord for. Post these when you get them. As for the 30 day timescale you quote, this is an advisory by professional bodies - it is not written in law anywhere.

[PKea]

With respect PKea, I would suggest you check my post history, before slating my perhaps one abrupt post.

 

MrShed

 

First I must apologise for the brief thread Hijack.

 

As I can easily check your post history, with experience of this site, a newcomer may not know how to do this.

I was merely pointing out that your post will have just left the OP in limbo, for the sake of adding onto your post 'I will clarify later' or words to that effect.

 

I apologise for having a go at you personally, but it seems that the responses to people’s problems on this site are sadly lacking in some instances. Where moderators or site helpers, rather than explain an answer, will just post a link. To a newcomer this doesn’t help, because all they will find is the answer someone else has received and understood. It doesn’t mean that the other person will still understand it.

[MrShed]

I'll forget it if you will lol. I agree in general regards non constructive/non embellished answers. As you will probably see, 99% of the time I actually go into considerably more detail than required. Just sometimes I get called away from my desk whilst trying to type an answer, makes it difficult to do so!

[onlynameleft]

I don't see where the rent payment date comes into it?

The periodic tenancy started the day after the initial 6 month tenancy finished. So if the tenancy was 6 months from and including 25 November it would have expired on 24 May and the periodic tenacy would run from 25 May to the 24 of the next month and so on.

The date you pay your rent isn't relevant surely?

The rent payment PERIOD is relevant to the PERIOD of the periodic tenancy but not to the date on which those periods start and end.

Is that not right?

If it is then the poster hasn't given the correct notice so the tenancy continues surely?

[Planner]

So to clarify hines316,

 

If the LL hasnt found a replacement tenant, then he will be able to make you pay rent up until the 24th September, which based on a £450 monthly rent would be £340.27 (450*12 / 365 * 23) assuming you have paid upto and including 1st September when you moved.

 

Whether the LL is arguing with you about the date notice was served (31st July or 6th August) is a mute point as rent is still payable to 24th September, as a clear months notice is required (ending on the same date in the month that the original fixed period ended, which may or may not be the rent due date - 1988 Housing Act).

 

As you have a signed note from the LL saying all is well with the house, I think you can write a polite letter stating that you accept that rent was due to the 24th September, and reminding him of the obligation to return the remaining £560 quid. If no luck then letter before action and small claims for the £560 + court fee + interest.

[hines316]

i paid up to the 25th of august and my LL said that he will deduct the six days over i stayed out of the deposit

[hines316]

and thank you everyone for putting your points of views to me. i have about ten days left to see if i get my statment and pro rota deposit and if not to take the LL to court which i am happy to do

[Planner]

Well, he can also deduct the other 23 days up until the 24th September as well.

[Esio Trot]

Taking this matter back to basics (and thank you for giving all relevant dates) was the notice given valid and in time?

Good day

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

 

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.

The rent day is the 25th of the month. The Protection from Eviction Act 1977 (clarified by Laine v Cadwallader 2000) requires notice monthly periodic tenancy to end on a rent day, and be a minimum of 4 weeks. Thus (and it will change depending on the month) for the notice to be valid for 25th August, it would have needed to have been served before 28th July. Even if you had evidence it was personally served on 31 July it was insufficient notice. Thus the 4 weeks runs from 25 August making it finish on 21 September.

 

21 September is the correct date for rent due, not 24 September.

 

Sadly, you cannot change the rent day after the event. The rent day can change, but this should be done in writing so both parties are in agreement.

 

In law, depending on how much the landlord deducts for needing adequate notice, you won't know until you get it refunded.

 

[Esio Trot]

i paid up to the 25th of august and my LL said that he will deduct the six days over i stayed out of the deposit

 

Following on from my previous post, where I state that rent is due to 21 September, if he does this, you are on a winner as he doesn't know what his entitlement is under law.

 

If he does only deduct to 1 September, I would keep quiet and be thankful he is an amateur.

[Planner]

vv

[Planner]

Taking this matter back to basics (and thank you for giving all relevant dates) was the notice given valid and in time?

 

 

The rent day is the 25th of the month. The Protection from Eviction Act 1977 (clarified by Laine v Cadwallader 2000) requires notice monthly periodic tenancy to end on a rent day, and be a minimum of 4 weeks. Thus (and it will change depending on the month) for the notice to be valid for 25th August, it would have needed to have been served before 28th July. Even if you had evidence it was personally served on 31 July it was insufficient notice. Thus the 4 weeks runs from 25 August making it finish on 21 September.

 

21 September is the correct date for rent due, not 24 September.

 

Sadly, you cannot change the rent day after the event. The rent day can change, but this should be done in writing so both parties are in agreement.

 

In law, depending on how much the landlord deducts for needing adequate notice, you won't know until you get it refunded.

 

 

Erois Trot, I think you need to cllarify your position here as conflicting advice is being given.

 

 

You refer to Protection from eviction act 1977 and Laine v Cadwallader 2000, both of which have been superseeded/modified

 

by 1988 Housing Act (& 1996 Housing Act) and clarified in case law by church commisioners for england vs meya (2006).

 

I believe you are suggesting that the notice period is 4 weeks i.e. 28 days?

What was decided here is that the correct notice period is - what was the rent period of the fixed term -i.e. 1 Month. Therefore the correct date is the 24th September not 21st September as suggested.

[Planner]

Just had a read of Laine v Cadwallader as well. No mention is made of 28 days only - the period over which rent was due - i.e. 1 month not 28 days.

[hines316]

i will find the tennancy agreement and put on this board so it would make things a little clearer