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UK-Justice
UK-Justice, Barrister
Category: Property Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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Hi I had as assured shortholod tenancy which expired 29th Sept

Customer Question

Hi I had as assured shortholod tenancy which expired 29th Sept last year. I did not sign a new lease. (I have a lease signed by the landlorrd but I myself did not sign it) I have just been given notice. However the agency and landlord have both proven to be untrustworthy and I know did not pay the deposit to the last tennants. I need advice as to whether not to pay my last months rent. Since I did not sign the new lease and the old one ran out what's my legal stance here?
Submitted: 3 years ago.
Category: Property Law
Expert:  UK-Justice replied 3 years ago.
Thanks for your question, my name is Nic I will do whatever I can to help you today.

Do you know if your deposit has been protected?
Customer: replied 3 years ago.

it's with deposit protection service but it was with the last tenannts and they still didnt get their money back.


 


I was in disagreement with the inventory when I moved in and this is what I'm worried about - I have email corrspondence stating my disagreements on the state of various things but they neveer ammended the actual inventory

Expert:  UK-Justice replied 3 years ago.
If the deposit is protected then any dispute is put through the tenancy dispute service.

You are protected as you were still protected.

The contract is a monthly rolling contract - which means it renews month by month. It is called a periodic tenancy.

As the old lease runs out you still continue month by month.

If the Landlord wants you to leave he must give at least 2 months notice.

But you are protected ans so is your deposit. But check to make sure it is protected as you can not be told to leave while it is not protected.

I hope this helps and if there is anything else I can do to help you today please let me know.


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Customer: replied 3 years ago.

Thanks - how do I know if it's protected?


 


Also, they want me to show the flat moe than twice a week as they're selling.


 


They say I HAVE to. What is deemed reasonable under law?


 


Also, are you saying I should not withhold the rent? Is that not advisable?


 

Expert:  UK-Justice replied 3 years ago.
There are 2 schemes

1) Tenancy deposit scheme
2) Agent holds it on bank account protected

You can check here.

http://www.mydeposits.co.uk/tenants/get-started/check-your-deposit

You should NOT withhold rent............

I hope this helps and if there is anything else I can do to help you today please let me know.


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Customer: replied 3 years ago.

I'm not listed... what do I do?

Expert:  UK-Justice replied 3 years ago.
Ask for evidence the deposit is protected.

The Landlord legally must do this within 14 days.

I hope this helps and if there is anything else I can do to help you today please let me know.


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Customer: replied 3 years ago.
Thanks. On the meantime should I withhold rent?
Expert:  UK-Justice replied 3 years ago.
No............

You must never do that.

I hope this helps and if there is anything else I can do to help you today please let me know.


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Customer: replied 3 years ago.
Sorry but if my deposit isn't protected they won't give it back. Why us inadvisabke to withhold rent?
Expert:  UK-Justice replied 3 years ago.
Forgive me.

No - you would have to sue for it.

Or if you were told to leave, just refuse to pay the notice period rent!

I hope this helps and if there is anything else I can do to help you today please let me know.


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Customer: replied 3 years ago.

So sorry I'm confused!

You said never to withold rent and now you're saying to withold it? I was served notice to leave 29th April. I only paid half rent 30th Feb and still not sure what to do - they have six weeks deposit.


 


Why were you saying never to withold and now are advising me to do so. Which is best??

Expert:  UK-Justice replied 3 years ago.
Never with hold rent while you have a current tenancy.

But if you are asked to leave the property (Landlord needs to give 2 months) then you can with hold it, if it is not protected.

Ask for evidence that it is protected.

If not protected - then the notice is not valid.

I hope this helps and if there is anything else I can do to help you today please let me know.


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Customer: replied 3 years ago.
So if my deposit isn't protected the notice isn't valid? How so? Also why us it okay to withhold rent during notice period and not during transmit? Is that imply tenancy agreent is not valid during notice period?
Expert:  UK-Justice replied 3 years ago.
Correct.

Under the Housing Act.

I am saying if the deposit is not protected you can NOT be asked to leave.

Only when it is protected is any notice valid.

I hope this helps and if there is anything else I can do to help you today please let me know.


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Customer: replied 3 years ago.

So how is it I can withold rent during notice period? If they ask me what's my position legally? Which aspect of the law do I quote?

Expert:  UK-Justice replied 3 years ago.
In law:

Housing Act requires your deposit to be protected.

If it is NOT protected they can not serve notice to quit

So you can pay and still be there, but they can not make you leave.

Does that clarify?

I hope this helps and if there is anything else I can do to help you today please let me know.


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Customer: replied 3 years ago.
So sorry to have to reply but how does that affect the deposit? I understand about the notice but if my deposit isn't protected how is it that that entitles me not to pay rent during notice period?
Expert:  UK-Justice replied 3 years ago.
Just concentrate on the non protected deposit.

Not protected - means you cant be evicted.

Until your deposit is protected and you are given notice - then keep paying rent until then.

I hope this helps and if there is anything else I can do to help you today please let me know.


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Customer: replied 3 years ago.
So what's stopping them throwing me out? Aldo can you pls answer my orevious question? Why are you suggesting I withhold rent in lieu of deposit during notice period?
Expert:  UK-Justice replied 3 years ago.
They cant throw you out.

They need a Court order to evict you.

No Court order - no eviction, it would be unlawful.

I am only saying with hold rent once protected to make sure you are not fiddled out of it.

I hope this helps and if there is anything else I can do to help you today please let me know.


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Customer: replied 3 years ago.
Sorry I really hope this is my last question! So.. Why is it so bad to withhold with a contract and deposit in place and not without? They could still pretend the place was a mess and try and sue me, no? I'm
Just trying to work out how a court might see in do I can ascertain my best position.
Expert:  UK-Justice replied 3 years ago.
Its bad because then you are in breach of the tenancy.

This means he can apply to the Court to evict you under a different notice procedure.

However in terms of not having deposit protected, this just makes the notice (different one) invalid.

You cant be evicted without deposit being protected.

I hope this helps and if there is anything else I can do to help you today please let me know.


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Expert:  UK-Justice replied 3 years ago.
I'm just following up with you to see how everything is going. Did my answer help?

UK-Justice

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