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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My step son has rented a property in Northampton and paid £7000

Resolved Question:

My step son has rented a property in Northampton and paid £7000 rent in advance. The year expires at the end of this months. The land lords agent carried out an inspection and gave them formal notice to vacate the premises by the 30th may 2014 because in their opinion the hose was not at an acceptable level ie not clean enough. they have no where to go. the land lord hold a deposit of £1000
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Was the deposit protected please?
Customer:

I am assuming that the £1000 deposit is subject to the house being returned to the the original condition.They have a list of works such as cleaning carpets painting marcks on the wall nothing major of which most of it has been completed. they have until 30th May from the notice they were given.

Customer:

They have been to the council and were told to complete the work and then remain in the house. the land lord will have to take it to court and they can dispute it. There s nothing that cant be done with a coat of paint. They should then say the deposit can be used as rent pending a hearing. They have 2 18 year old boys who suffer with learning difficulties which hasn't helped there is no rent out standing they paid £7000 in advance.

Customer:

they have had problems with no cooker for over three months and excuses as to why they cant fix it. They have no where to go in the next three weeks

Alex Watts : So they are coming to the end of the term and the landlord has given notice, is that right?
Customer:

Yes that's right.

Alex Watts :

Ok - and what is it you want to achieve please?

Customer:

They need extra time to find alternative accommodation. If they carry out the work and refused to leave. The landlord will have to get an eviction order. the council have advised they to stay?

Alex Watts :

Its bad news I am sorry to say

Alex Watts :

The Landlord by law only needs to give 2 months notice at the end of the tenancy, that is a legal requirement

Alex Watts :

But if they pay their rent for example on 5th of the month the Landlord must give notice by that rent day for it to take effect, otherwise it would take effect from 5th of the following month

Alex Watts :

For example if the Landlord gives notice on 4th January, it takes effect from 5th January and they would need to leave by 5th March

Alex Watts :

If the Landlord gave notice on 10th January and it would therefore take effect from 5th February and they would need to leave by 5th April

Alex Watts :

But the Landlord is entitled to give 2 months notice.

Alex Watts :

If they did not leave at the end of the 2 months, the Landlord could start eviction proceedings which would get them another 2 months time

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

They paid £7000 in advance in june 2013 how does that work?

Alex Watts :

It makes no difference the tenancy will be for a fixed term.

Alex Watts :

Whatever that term is, assuming it is 12 months, the Landlord can give notice in month 10

Alex Watts :

They would have signed it on say 5th June.

Alex Watts :

So therefore the calender month runs from the date of signing, or start of tenancy

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


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