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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi There, currently in a house, tenancy expired end of June.

Resolved Question:

Hi There, currently in a house, tenancy expired end of June. Have not renewed contract and nothing in writing to extend. However, I sent email to agent to highlight I would like to terminate on the 30 September over a month ago. I have now been told I need to give a months notice. Nothing in lease highlighting extension. Want to leave at the end of the month, but fear the loss of the deposit. What is my rights.
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

You have given 2 weeks notice, is that correct?

Customer:

Hi Alex, I actually sent an email in July, which they say they did not receive.

Alex Watts :

OK -did they acknowledge it?

Alex Watts :

Have you got a sent receipt or read receipt?

Customer:

Hi There, no. so where do I go from here. I did send a letter, but again they deny receipt. Simply send 1st class post. Agent has been terrible since day one.

Alex Watts :

Do you still have a copy of it?

Customer:

yes.

Alex Watts :

Ok - taht is fine,

Alex Watts :

You would be required to give a months notice, because you have in effect rolled over a month

Alex Watts :

So you have to see out that period

Customer:

But I did the email and letter on 03 July to stop on 30 Sept.

Customer:

even out of contract?

Customer:

so 30 days?

Alex Watts :

You can still move out

Alex Watts :

But if you have sent a letter and emailed then that is proof is you have it

Alex Watts :

Yes even when the contract runs out you go onto a monthly rolling contract

Alex Watts :

Therefore even if you go over 1 day you have to see out that month.

Alex Watts :

So you gave notice in July

Alex Watts :

So that is over a month and therefore you are good for time of the contract

Customer:

So when am I liable for payment to? Yes sent email on 03 July and sent letter. to move out

Alex Watts :

Yes you are liable for rent up to the end of September

Alex Watts :

As that is the notice period you have given

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

They say they did not receive the email or letter and liable until the end of the October. In addition, they say I needed to notify the landlord and not the agent; as although through an agent the landlady self manages. Is this nonsense?

Alex Watts :

I agree

Alex Watts :

Dont worry about the notice, I would agree with you.

Alex Watts :

You are liable until the end of September and thats it

Alex Watts :

You have copies of emails and the letter, that is all you need

Customer:

So I do I argue this?

Alex Watts :

Yes

Customer:

Great thanks. What do I do if they disagree and keep the deposit?

Alex Watts :

You can then issue proceedings for the deposit back

Customer:

So if I gave notice today, when would I be liable too? i

Alex Watts :

But you gave notice before.

Alex Watts :

If you give notice today its 1 month

Customer:

Okay they said they would take it from today and it would be end of November.

Alex Watts :

No, its 1 month

Alex Watts :

But forget that

Alex Watts :

You gave notice properly you are out 30th Sept

Customer:

Thanks Alex

Customer:

Great help

Alex Watts :

Can I clarify anything else for you?

Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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