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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70416
Experience:  Over 5 years in practice.
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Dear Sirs, we are in a dispute with our landlord regarding

Customer Question

Dear Sirs,

we are in a dispute with our landlord regarding deposit. We have given them 1.5 months notice to vacate the property on 31st July but they still want us to pay for August because we had a verbal agreement with them to stay until 30th August. the situation has chnage and we are relocating to the US on Friday. They insist that giving them the notice will not cancel the obligation to pay the rent for August. They will try to use the deposit to compensate for the rent for august. Please let me know if this is legal. Thank you
Submitted: 4 years ago.
Category: Property Law
Expert:  Remus2004 replied 4 years ago.
Thank your for your question. My name is Jo and I will try to help with this.

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

What type of contract is it?
Customer: replied 4 years ago.

It was a shorthold tenancy agreement from November until April and extended until August on a verbal agreement. No additional contract or any addendum was made to the basic contract at that time

Expert:  Remus2004 replied 4 years ago.
Whats the rent date?
Customer: replied 4 years ago.

The rent used to be paid 1st of each month in advance. We have paid on 1st July fro the July rent

Expert:  Remus2004 replied 4 years ago.
Thanks.

When did you give notice?
Customer: replied 4 years ago.

14th June to vacate the property on 31st July

Expert:  Remus2004 replied 4 years ago.
Thanks for the information.

You are right in effect. You were locked into an AST which you cannot cancel but that rolled over into a periodic. He is trying to argue that your verbal agreement to renew is sufficient which it isn't likely to be. The Court will almost certainly conclude that you are upon a periodic.

Upon a periodic you are only required to give one months notice on or before the rent date and so your notice would expire on the 31st July.

For these reasons, he will struggle to claim rent from you until August.

Can I clarify anything for you?

Jo