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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10234
Experience:  LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
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I live with three other flat mates in a 4 bed room flat. We

Customer Question

I live with three other flat mates in a 4 bed room flat.
We were informed by our agent 3 months before that our landlord wants to sell the property and therefore we will not get an extension of the tenancy which ends at the end of this month.
Because of this we found a new place to move in and were about to confirm the moving out day with the agency but they asked us to write a 2 month notice.
We soon found out that the landlord changed his mind and not to sell the flat bit at this time it was less than a month of our tenancy ends.
We haven't given our chance to inform 2 months before as at that time the property was on the market and the landlord nor the agency didn't ask us if we want to extend the contract.

After some research we found that this 2 month notice itself is an unfair term and therefore we have rights to move out when the fixed tenancy ends.
We informed this to the agency but they didn't get back to us for a week.
We also informed the landlord but he wants to clarify with the agency.

So we are stuck 10 days before our tenancy ends and now we are afraid if they might hold our deposit claiming this is rent arrears.

We are now asking the agency to revise the agreement to delete the 2 month notice as it's an unfair term to avoid any dispute for the deposit.

Are there anything we can do for the situation?
Submitted: 2 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 2 years ago.
Hello and thanks for using Just Answer.

I am Al and am happy to assist you with your enquiry.

Do you all share just one Tenancy Agreement-an Assured Shorthold Tenancy? If so, when does the Tenancy actually expire?

Thanks
AL
Customer: replied 2 years ago.
Hi Al,

Thank you for your reply.
Yes we do and we are on AST.
It's expired on 22nd March.
Expert:  Aston Lawyer replied 2 years ago.

Hi Rina,

Thanks for your reply.

As it is an AST, you all are perfectly entitled to vacate on 22nd March and you don't have to legally give any Notice to your Landlord if you intend doing this.

As regards XXXXX XXXXX your Landlord/his Agent was under a duty to place this in a Tenants Deposit Scheme and should have given you details of the Scheme at the onset of the Tenancy.

This law was brought in to protect Tenants, like yourselves, with any potential problems with getting the return of their Deposit, in that the Scheme oversees any dispute concerning the Deposit at the end of the Tenancy.
If your Landlord has not placed your Deposit in a Scheme, you can in theory sue him for 3 times the amount of the Deposit (although Courts don't always grant such compensation). You may, however, want to mention this to the Agents if they dispute you vacating on the 22nd!

I hope this assists.

Kind Regards
AL

Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10234
Experience: LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
Aston Lawyer and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.
I'm just wondering as they do put out deposit on scheme but can they actually hold it as missing rent if they claim that they didn't receive this 2 month notice from us?
Expert:  Aston Lawyer replied 2 years ago.

Hi again,

Many thanks for the positive feedback.

The Deposit in the Scheme can't be used to recoup "rent" (not that your Landlord will be entitled to claim any further rent from you, other than rent payable up to 22nd March).

All the Best.

AL
Customer: replied 2 years ago.
Hi Al,

Thank you very much for your swift response.

Now I can relax that our deposit is protected from the landlord.

Many thank for your kind help.

Rina
Expert:  Aston Lawyer replied 2 years ago.

No worries Rina!

Best Wishes
AL
Customer: replied 2 years ago.
Sorry to ask you again.

The two month notice should be givin was written in the agreement and we signed this but as the tenancy is AST so this term is considered unfair and therefore in this case still we can leave the property at the end of the tenancy. Is that correct?

Many thanks,

Rina
Expert:  Aston Lawyer replied 2 years ago.

Hi Rina,

Even if the Agreement says you have to give 2 months, this clause is invalid and as you have an AST, you are free to vacate on the date the Tenancy expires, without giving any Notice.

Don't let the Agents tell you otherwise!

Kind Regards

AL

Customer: replied 2 years ago.
Hi Al,

Thank you so much for your prompt answer.

I appriciate it a lot.

Many thanks and have a nice afternoon,

Rina
Expert:  Aston Lawyer replied 2 years ago.

Not a problem!

Enjoy the sunshine!

Best Wishes

AL

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