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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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Can a tenancy notice be given Via text? I owe rent arrears

Customer Question

Hi
Can a tenancy notice be given Via text?
I owe rent arrears of £794.12 in which the landlord wants £132.35 a month over a 6 month period. The landlord in question is arguing that I never informed him in writing of the Notice period. I am now in arguments with him over rent arrears amounts and the damage to the building in regards ***** ***** property bond. I have stated to him that he never gave me any notice of payments owed in regards ***** ***** I would like to know if I have a case to get my full deposit back and then use it to pay off the arrears. My landlord is saying he hasn't received a written notice and that the property was damaged
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Was the property damaged?
Customer: replied 1 year ago.
There was wear and tear to the carpets. IE fraying in the door ways. There was also slight damage to the wall from a baby gate. however my landlord is just asking for £450 for the carpets. He didn't issue any bills or give me the option to get my own quotes for over 3 months. he only asked about the arrears until recently.
Customer: replied 1 year ago.
The property was with out heating for the best part of 6 months and there was Holes in the walls, left by his builder ansd electrician. Of which he didn't rush to fix.
Expert:  Jo C. replied 1 year ago.
Ok.
When do you pay rent normally and when did you tell him you were leaving?
Customer: replied 1 year ago.
The rent is usually paid on around the 20th of the month.
There was text messages exchanged after I inquired for a reference on the 29/06/2015, the land lord immediately advertised the property and had photos taken for advertising. He then messaged saying the hand over will be 04/08/2015. but this was after arguing the notice wasn't handed in. until I referred him back to the text on the 29/06/2015 and the fact he was advertising.
Expert:  Jo C. replied 1 year ago.
Okay.
And when are you trying to argue the notice ends?
Customer: replied 1 year ago.
I am trying to argue that the notice is ended 1 week after payment due not 2 weeks, so 27/07/15.
I am mainly wanting the Deposit sorted tho.
Customer: replied 1 year ago.
I have attached this email copy. Please ignore the names involved.
Customer: replied 1 year ago.
I can't attach the relevant documents.
Expert:  Jo C. replied 1 year ago.
I presume you do pay monthly?
Customer: replied 1 year ago.
I did yes.£525 pcm
Expert:  Jo C. replied 1 year ago.
Thank you.
I'm really sorry but you have to give far more notice that this. You may be subject to periodic tenancy agreement but you still have to give no less than one month notice on all before the rental dates. If you didn't give notice until the 29th date of kick in until the following 20th. Therefore, your notice period doesn't end until 20 August.
That said, he has accepted that there will be a handover on 4 August and so you are only liable up until that date. But you are liable until then.
In relation to damage, you are only liable for damage that exceeds wear and tear. He did not seem to be describing anything more than wear and tear and so I cannot see a claim for damages at all although of this latest I have not had full vision of this case.
That said, if you are in rent arrears of the sun that exceeds your deposit then unfortunately he is entitled to keep your deposit.
Can I clarify anything for you?
Jo

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