notice to leave flat

[kimeda]

My landlord lives in Australia. I sent an e mail on 10th Sept to him a ‘heads up’ that I would be handing in my notice on the property I rent. I said I could not give him an exact leaving date, as I do not know when the new accommodation will be ready, but it would be some time at the end of Oct or early Nov. I would let him know when I had a fixed date.

He has been very aggressive and sent back to say that this is not good enough, it’s a warning but not notice. I asked him what he wanted me to do to give notice but he just kept sending back that this is not notice.

My contract consisted of a form he bought in WHSmiths it states that after the first six months I am on a rolling month by month contract, and I would need to give one months notice.

As I have informed him seven weeks ahead, I thought this would be alright.

He now says he will ‘make it simple for me’ he is going to fly back from Australia to inspect the flat and I must hand back the keys on 1st November.

I do not know if my new flat will be ready by then as it is being bought and is still going through the solicitors so I could be homeless. He will not properly answer my e mails I have no other way of contacting him. I am also worried he will find a way to keep the deposit I gave him at the beginning of the contract. Can anyone advice me?

I am very upset about his attitude.

[raydetinu]

Just a few questions

when did the tenancy start?

Is the deposit protected and have you been notified that it is with details.

If you are on a SPT now, the notive you give the LL must be a min. of one month and be coinicident with rent period, ending the day before next rent is due.

dont worry he cant make you move on the 1st November.

[kimeda]

The tenancy started on 18th December 2011.

It said in the contract it was fixed for six months then after that it was on a month by month basis.

 

Also I have paid the rent every month on 18th as stated until July when I was having problems I paid on 1st of each month instead. He now says I did not notify him and my payments are erratic and I am in breach of contract.

I am paid up to today so I am only in arrears after today. I cannot pay him until my wage is paid to me on 28th Spet so it will be 1 week late.

 

He told me the deposit is in a safe bank something to do with the army (he was in the army and just left) I don't know any more than that

[raydetinu]

well in a bank is not good enough, he had unti 7th may to put deposit in one of the registered scemes, under the new Localism Act.

as deposit not protected he cannot issue S21 notice or seek court action.

in fact you can take LL to court for the immediate return of your deposit and get compensation of between 1to 3 times that amount.

so you will not be homeless.

It is also illegal for the LL not to have a uk address, usualy an agent.

When you new property is sorted you can give him notice whih will have to expire on the 17th/month.

Also suggest you dont pay last months rent to offset deposit as it may be difficult to take LL to court if he lives abroad.

[Lea_HTH]

The deposit issue is as suggested.

 

However, whilst the LL cannot serve a s21 notice, he can certainly serve a s8 notice on the basis that you are persistently late with rent (ground 11 - and will probably be combined with g10 if you are in arrears when the LL returns and serves notice). They are discretionary grounds, so gaining possession on them is not pre-determined.

 

Your 'notice' to your LL was flaky, either you give notice, along with appropriate dates, or you don't...and you haven't. So in reality, your LL is right to be irritated by that flakiness, it leaves him in an uncertain position where he cannot advertise the property or make arrangements for someone else to move in until he knows for certain you are going to leave. Give him appropriate notice, at least one month, ending on the day before the rent is due, i.e. to end on 17th of whichever month you choose.

 

If your property is not ready by that date, you can still stay in your current property, but will have to serve further notice and will be responsible for the rent for that period. E.g. if you stay until 20th of the month in which you served notice for the 17th, you will be liable for the rent until the 17th of the following month, even though you only stayed an extra 3 days - and for longer if you have not bothered to serve further notice.

[Lea_HTH]

And I wouldn't suggest withholding the last month's rent - that's not the way to get your deposit back.

[kimeda]

I E mailed again last night to let the landlord know that I will be handing in my notice soon.

I have said I will give him one months notice when I am leaving. Which is what I intended to do.

Obviously my trying to be helpful by giving him time to find a new tenant before I hand in the notice has backfired.

In future I wont give a 'heads up' to anyone I will just wait til i'm ready to go, then give the months notice.

 

There has been no persistently late payments. I owe 2 days rent today.

 

I got another rude letter from him agreeing to my terms and giving me an address in England to send the written notice to. I guess this is his parents address. He told me in future he will go via a letting agency to avoid any problems in future.

Well that's up to him, nothing to do with me. But it's a good idea for someone as nasty as him to have an intermediary for this things.

Thank God i am leaving soon and thanks for the help.

[Lea_HTH]

Persistently late can be as little as a day late for a couple of months. Your post above states you paid on time until July when you were late and paid on 1st, and you're paying late this month as you said you can't pay until 28th.

 

Make sure when you do serve notice that you use the appropriate dates.

[raydetinu]

What are you going to do about the deposit?