Question on Notice and Deposit

[123FFS781]

Hello all. What a useful forum I've stumbled across. Got to love Google!

 

Here is my problem:

 

We are American expats living here on a 2 year assignment. We've lived in our house for about 16 months. We believed we were going to be relocated to another country this summer and we mentioned this to our landlord once when they were here to fix the heating. About 2 weeks ago, I got a call from our Letting Agent saying they heard we were leaving in July and could they show the property. We agreed and showed the property graciously the following Monday (early May). On Friday - we received our "eviction notice" giving us the required 2 months notice and we are to be out by end of June. We were shocked and angry as we hadn't planned to leave the country until mid July (after school got out) and now were being forced to find alternative accomodation for those 3 weeks.

 

We even spoke to the new tenants (who lied to our faces) and told us that they were not in a hurry to move it. So then we asked the Letting Agent to ask the landlord to consider allowing us to stay until mod-July so our kids could finish up at school. That request was denied.

 

I was so upset that no one ever asked us when we were leaving. That the letting agent showed our house to someone they KNEW needed a place by July 1 and never asked when we would be leaving. And that the new renters lied to my face about their desire to move in by July 1. We NEVER gave the landlord formal notice that we were leaving in July - just an offhand comment. Lesson learned - believe me. None of that is particularly relevant but it may clue you in to my state of mind.

 

So, now I've learned that we are NOT leaving the country. We have found a new place and want to move in asap (as it is half the price of our current place).

 

From what I've read - I can notify the Letting agent of our departure with virtually no notice - correct? Since they've already kicked us out?

 

Also - I've canceled the S.O. paying the rent so next week when my rent payment is not made - I'm sure the Letting Agent will contact me. I'm thinking of staying until June 15 - giving us ample time to move out. Not cleaning or mowing or anything and allowing the Letting Agent to use my deposit (£1600) for the last months rent (£1500) and covering those costs. We haven't trashed the place and we won't be sabotaging anything or stealing anything. I just want to give them a small dose of their own medicine - that of total disregard of common courtesy.

 

Can they come after me for anything that the deposit money doesn't cover? (We have a large lawn and mowing alone could be over £100.)

Please bear in mind that I am not a UK citizen and therefore not terribly concerned about my UK credit rating.

 

Thanks in advance for your advice.

[callumsgran]

If they have given you the correct notice to quit then you can leave whenever you want to up to the date they have given you

 

Personally i think they have treated you badly so i wouldnt pay the last months rent either (whoops did i say that out loud?) ;-)

 

Ive just reread his and i dont think they have given the correct notice

 

If your tenancy started on the 15th of the month then they cant force you to leave until the 14th july

What sort of tenancy did you have and what type of noticehave they given you? s21?

Edited May 7, 2008 by callumsgran

[123FFS781]

We had whatever is typical. AST I think? With a 6 month fixed period - then month-to-month after that. They gave us 2 months notice. I *think* the notice is OK - but if it isn't I'd be glad to hear that. Also - We are supposed to have an electrical inspection once per year and we have not had one since the tenancy began (Feb 07). They've had a contractor out here twice to complete it but it never got done as the contractor said it would be a bigger job than anticipated and I guess the landlord didn't want to pay.

 

I'm not truly concerned about anything but again - everything is ammunition at this point to ensure we don't get screwed even further

(pardon my American);-)

[Steve__M]

We had whatever is typical. AST I think? With a 6 month fixed period - then month-to-month after that. They gave us 2 months notice. I *think* the notice is OK - but if it isn't I'd be glad to hear that. Also - We are supposed to have an electrical inspection once per year and we have not had one since the tenancy began (Feb 07). They've had a contractor out here twice to complete it but it never got done as the contractor said it would be a bigger job than anticipated and I guess the landlord didn't want to pay.

 

I'm not truly concerned about anything but again - everything is ammunition at this point to ensure we don't get screwed even further

(pardon my American);-)

 

So to clarify an important question, you signed a contract 16 months ago on the 15th of the month, and haven't signed a renewal?

 

In that case you have a "statutary periodic tenancy": they need to give you notice of at least two months ending on a rent day. So if you moved in on 15th of the month and they gave you notice after 15th April 2008 the notice has to end 2 months on from 14th May - ie. 14th July as callumsgran said.

 

On the other hand, if you signed a 12 month renewal contract with a 6 month break clause on, say 15th December 2007 the rules are different (till the 12 months are up). Then as long as they give you notice of 2 months' minimum, they can end the contract on any date after 6 months (15th June 2008).

 

Yes they can "come after you" for any money (assuming you're still in the UK). So you would be well advised to be present for any check-out regardless of what you do.

 

I'm not sure that you have the right to move out "whenever you like" - perhaps someone can check. But if you are on a periodic tenancy you certainly have the right to give 1 month's written notice (prior to the 15th of May) that you intend to leave on 15th June.

 

So assuming you're on a periodic tenancy options are:

1. If their notice is illegal, you can ignore it, carry on paying the rent, and stay till they give you a legal 2 months' notice. You don't have to say anything - they'll find out on 30th June!

2. You can give 1 month's notice before 15th May.

3. You can do as you propose (stop paying the rent) - but it may be a lot of hassle.

 

Impartial advice would be to take a deep breath, think about your sanity and take option 2 so you can smoothly move into the better house you've found.

 

PS. I am not a lawyer. Citizen's Advice Bureau could also give advice.

[callumsgran]

Well it definitely doesnt sound as if your notice is correct, they've actually only given you six weeks if your rent period starts on the 15th of each month.

Also the electrical inspection is not legally required its discretionary so you dont have a case there

Gas inspections are however a legal requirement.

 

Hi Steve, re the moving out whenever

I was going by what someone on LLZ said, that the LL couldnt have it both ways, i.e give you notice and stipulate what date you had to pay rent up to.

Edited May 9, 2008 by callumsgran

[Aequitas]

Where a tenant is in occupation under an AST the landlord can only bring the tenancy to an end by obtaining a court order. The notice the landlord has to serve is nothing more than a preliminary step and does not on its own bring the tenancy to an end.

 

Once the date specified in the notice has passed, and not before, the landlord can apply to the court for an order for possession. Since the process takes several weeks, you would have had no problem staying until the middle of July.

 

The question of whether, once a landlord has served a notice requiring possession, the tenant needs to give notice if he wishes to leave earlier than the date fixed for possession by the court, is a tricky one to answer. Taking a strict approach, it would seem that notice is necessary. Since, as I said above, the landlord's notice does not bring the tenancy to an end it must follow that it continues. The argument against the strict approach is that if the tenant leaves he is only doing what the landlord wants him to do.

 

In your case, any question of whether or not notice needs to be given will be resolved if, after you leave, the landlord relets. Once he does that, the grant of a new tenancy will operate to forfeit the old one bringing to an end all obligations under the old tenancy as from the date the new tenancy is granted.

 

Since you have resolved to leave, be wary of arguing that the landlord's notice is invalid - you do not want him coming back agreeing and arguing that the tenancy continues and that you need to give notice.

[raydetinu]

Agrre with that they will have to get court order for you to actually vacate the premises. So suugest you give the landlord notice of when you are actually going to leave and providing this is more than 2 months you are OK. end of story. No court would evict you just because you gave them more notice than required. Of course you can leave before that date but will have to pay rent to notice date.