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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10180
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I am a tenant who has given my landlord a months' notice to

Customer Question

I am a tenant who has given my landlord a months’ notice to vacate my rental property. My notice was given on e-mail (30 days’ notice ) as well as me calling and advising him of the notice. I have not been in a contract since June 2014. At the time i did speak to my landlord and stated i am no longer in a contract and will it be ok to keep this rolling month by month, which he was happy with, this was verbal. My landlord is now demanding that I need to give 3 months’ notice and my notice period should start on the day that i pay rent, rather than mid-month, when I gave him the notice. i am now out of the property, last day 15th Jan 2015. I have sought other advise from another landlord and he has stated that i am in the right and do not need to give three months’ notice and to not pay any more money to my landlord. My landlord did take 2 months’ rent off me when I originally signed the tenancy and is still holding part of this rent, so he still needs to refund me £233.33 ( aprox), which he is not willing to pay out. He has a clause, see below, which he has added into the contract, but i have been advised that he is not legally allowed to do this. Can you please give me some advice on where I stand on this.
" 2.5 Ending the Tenancy
2.5.1 If the Tenant intends to vacate at the end of the fixed term, or at any later date, he agrees to give the Landlord at least three months prior Notice in writing.
2.5.2 While the tenancy is periodic the three month’s written Notice must expire the day before a Rent Due Date.
Thank you
Sharan
Submitted: 1 year ago.
Category: Law
Expert:  Aston Lawyer replied 1 year ago.
Hi Sharon and thanks for using Just Answer.
My name is ***** ***** am happy to assist you with your enquiry.
As the fixed term of your Tenancy has expired, you do have what is called a "periodic tenancy" and there are strict laws relating to the Notice required to be given by a Tenant during such a Tenancy. The law is that a Tenant need only give the landlord 1 month's Notice, but such Notice has to expire on the day before the monthly rent is due.
ie if you pay your rent on 15th of each month, to enable you to end the tenancy this month, you must have served Notice on your Landlord on or before 14th December, stipulating that you are to end the Tenancy on 14th January.
If this did not happen, I am afraid your Notice is invalid, and you would need to serve a further Notice to end the Tenancy.
Although your Landlord has put a clause in the original Agreement stipulating that you need to give 3 months Notice, this is invalid as it goes against the legislation and even though you signed the Agreement, this 3 month Notice period is not enforceable by your Landlord.
As regards ***** ***** months rent the Landlord collected at the onset, if this was classed as your Deposit, he was legally bound to register this under one of the approved Tenants Deposit Schemes.
If it is not held in one of the schemes, you can sue him for three times the deposit which is the statutory compensation for failing to protect in a recognised scheme, PROVIDED proceedings are issued before the end of the Tenancy. You would have to issue Court proceedings before the deposit is protected in the scheme and there is case law that says, if he protect it late, provided it is before you issue proceedings, then you would lose the right to compensation.
You would also have to issue proceedings before the end date of your Tenancy (It therefore depends whether the Notice you have already served is valid, as to whether your Tenancy has expired).
At the very least, you may wish to use this information to your advantage!
I hope this assists you and sets out the legal position.
Kind Regards
AL
Customer: replied 1 year ago.

thank you for the feedback. i normally pay my rent on the 1st of each month, but gave my notice to my landlord on the 14th Dec. Would this mean that this notice is now invalid and I need to servce him anotehr months notcie? starting from the 1st of feb untill the 1st of march and pay him rent for this month ?

Expert:  Aston Lawyer replied 1 year ago.
Hi,
Thanks for your reply.
I am afraid you will need to serve another Notice any time before 31st January, to end the Tenancy on 28th February.
You will also be responsible for paying the rent up to 28th February.
I hope this helps.
Kind Regards
AL
Expert:  Aston Lawyer replied 1 year ago.
Hi Sharan,
Can I assist you any further?
Kind Regards
AL
Expert:  Aston Lawyer replied 1 year ago.
Hi Sharan,
Can I be of any more help to you?
Kind Regards
AL

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