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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69995
Experience:  Over 5 years in practice
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my tenancy agreement end back July 2014 and have now been given

Resolved Question:

my tenancy agreement end back July 2014 and have now been given 1 months notice to leave. within this circumstance i have opted to move with a weeks notice. dose this mean i will lose my deposit?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Have you paid until the end of this month?
Customer: replied 2 years ago.

hi,

my name is ***** ***** yes i have paid my months rent but i planning to leave before i have to pay the next months rent which is due on the 12/01 and have only been given my months notice yesterday

Expert:  Jo C. replied 2 years ago.
I see.
When does your notice expire?
The 11 February I suppose?
Customer: replied 2 years ago.

no the 12th of Feb. Also does the landlord not supposed to give 2 months notice?

Expert:  Jo C. replied 2 years ago.
Yes, he should be you are not relying on that here.
If you want to go then you can give notice. You cannot give one week's notice I'm afraid. Rent is paid monthly and so you have to give one months' notice on or before the rent date.
You can go at any time that you like of course but would remain liable for the rent.
If you leave early then you will be liable up until the end date in February which would be the 11th if the rent date is the 12th.
In terms of the landlord, you are entitled to two months notice. That doesn't mean you can leave early without giving proper notice though. That means that his notice is void.
Sorry if that is bad news.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

thank you for your help but if i decide to leave earlier how does this affect my deposit?

Expert:  Jo C. replied 2 years ago.
You can leave any time you like. That is not the issue. The issue is payment of rent.
If you do not pay rent until the end date in February then he will be able to keep your deposit Im afraid.
Customer: replied 2 years ago.

ok no problem, going back to the notice period, legally how many month notice am i supposed to be given considering the fact that my tenancy agreement/ contact expired back in july 2014 and was never requested to sign another contract?

Expert:  Jo C. replied 2 years ago.
You have flipped over into a periodic tenancy agreement.
His contract may have demanded two months notice from you but usually a court will accept one month's notice from a tenant.
A landlord should give two months notice.
Customer: replied 2 years ago.

if i have paid 1 months deposit as requested by the landlord does this mean the landlord have the right to only provide one month notice?

Expert:  Jo C. replied 2 years ago.
He doesn't have the right to do that anyway unless you agree to it.
You are entitled to two months notice.
I am happy to continue with this but please leave feedback for my answer.
Jo C., Barrister
Category: Law
Satisfied Customers: 69995
Experience: Over 5 years in practice
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

apologies, i will do.

Also if the landlord live with me and has had personal problems but for no reason and without my consent has intervened in my personal life by bring me in to there family problems for example police coming to the house and me having to be question when i have no relation to the landlord can i mention this as the landlord has caused me unnecessary disruption and stress?

Expert:  Jo C. replied 2 years ago.
If he lives with you then you are not on an AST or a periodic but you are still entitled to one months notice.
Calling the police to a person dispute is stupid and childish and not something any reasonable person would do in my opinion but it doesn't amount to landlord harassment I'm afraid.
Customer: replied 2 years ago.

Thank you for you help, much appreciated.

Expert:  Jo C. replied 2 years ago.
No problem and all the best.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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