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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 777
Experience:  Solicitor with over 15 years experience.
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My daughter and her partner have been assured shorthold tenants

Customer Question

My daughter and her partner have been assured shorthold tenants from 29 November 2011 until 28 May 2014. After the 6 month fixed term ended the tenancy became a periodic rolling agreement with rent paid monthly. The tenancy agreement contained a clause that required them to give 2 months notice during the monthly rolling agreement. The landlords wish to sell the property so my daughter and partner gave one month's notice and have now vacated the property. They were advised that under statutory law, one month' notice is all that is required if the tenancy is monthly periodic.
The rent has always been paid on the due date without exception during their tenancy. The requirements on leaving the property i.e. cleaning,carpets shampooed, windows and cooker cleaned etc. have all been fulfilled to the letter. The landlords have agreed that the conditions have all been met.
Their deposit of £825 is held in a DPS. The landlords are disputing the return of any of this amount because they are demanding a further month's rent. Saying 2 months notice was required and they want to take this rent from the deposit.
As we understand it the statutory provision for ending tenancies will overide any private agreement a landlord has reached with his tenant. Any clause which requires the tenant to give a longer notice period than that required under the general law (28 days for weekly 1 month for monthly, quarterly for quarterly etc) will be void.
Please will you advise?
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.

LondonlawyerJ :

Hello. I am a solicitor with over 15 years experience I will try to help you with this. The deposit money held in the scheme is the tenant's money it can only be withheld from the tenant and given to the landlord for reasons relating to damage and disrepair caused by the tenants. The landlord is not entiteld to the deposit money for disputes over rent.

LondonlawyerJ :

The scheme should have a dispute resolution procedure to deal with disputes. Their rules should make what I have stated above nice and clear. Do yo know which scheme it is?

JACUSTOMER-uziphl3d- :

TDS?

JACUSTOMER-uziphl3d- :

The deposit is held in a DPS. The resolution proceedure is I think the TDS?

JACUSTOMER-uziphl3d- :

Can you confirm that 1 month's notice is all that is required under a monthly rolling periodic tenancy?

LondonlawyerJ :

Yes that is right. You might find some useful links below. http://england.shelter.org.uk/get_advice/tenancy_deposits/getting_your_deposit_back/deductions_from_tenancy_deposits thi si the Shelter guidance on tenancy deposit disputes.

LondonlawyerJ :

http://www.tds.gb.com/resources/files/2013/A%20guide%20to%20deposits%20disputes%20and%20damages.pdf TDS guide to disputes over deposits.

LondonlawyerJ :

I am sorry but I have stated something incorrect above. Disputes over rent arrears can be part of a deposit dispute. However your daughter and her partner in giving 1 month's notice and paying up to the end of that have complied with their obligations. I apologise for that - perhaps due to typing something before having my first cup of coffee.

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