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LondonlawyerJ
LondonlawyerJ, Solicitor
Category: Property Law
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Experience:  Experienced solicitor
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Hi, Agency/Landlord server me section 21 notice when I signed

Resolved Question:

Hi, Agency/Landlord server me section 21 notice when I signed my contract. In notice 21 they mentioned date of expired 27/12/2014. So I would like to leave on t hat date but my agency refuse to pay me my deposit back. How to get my deposit back by law if my agency refuse to do so. By law can I claim for mentally harassment on agency? What is the most cost effective way to get hold on this?
Thank you,
Ronak
Submitted: 2 years ago.
Category: Property Law
Expert:  LondonlawyerJ replied 2 years ago.
LondonlawyerJ :

Hello, I am a solicitor with 20 years experience. I will try to help you with this.

LondonlawyerJ :

Is your deposit in a deposit guarantee scheme and did yo tell your landlord you intended to leave at the end of the notice period.

Customer:

Hi, Yes my deposit in a deposit gurantee scheme. Basically if I need to terminate contract I need to give two month notice but I only provide 1 month notice to agency. After I server them notice they replay me that

Customer:

We are disappointed to hear that you have decided to leave the property.

Unfortunately, you notice is invalid you have only served one month’s notice. Under clause 7.10 you are only allowed to serve two month’s notice during the term of your Agreement.

I have forwarded your notice to the Landlord and will wait to hear if agrees to one months notice or would he want two month’s notice from you.

Also in you notice you have mentioned two dates when you want to move , please confirm your exact late date at the property?

We look forward to hear from you in due course.

Customer:

No I found that landlord/agency already serve me 21 notice when me and my wife signed contract which I attached for your advice

LondonlawyerJ :

OK so you have given a shorter notice period than that required by the tenancy. However, you are leaving on the date when they required you to leave under the s21 notice. There is a good argument that even if the tenancy requires 2 month's notice, the fact that you have been served a NOSP requiring you to leave on 27.12.14 gets you out of this requirement.

Customer:

Full Size Image

Customer:

Yes I am leaving on 27.12.14.

Customer:

Now my agency wrote this email to me that

Customer:

Hi Ronak

First of we would like to confirm we have received your rent.

Sorry our office closes at 6pm so cannot offer an appointment at 6.30pm.

I am not working on Saturday so cannot offer you an appointment for tomorrow too.

In relation to the attachment, section 21 was served to you by the Landlord leave the property on 27th December 2014, This was sent because if the Landlord did intend to take the property back from you, he could have easily gained possession and not breached clause 7.10. The Landlord did not want you to leave the property , therefore no further action was taken. As you have served the notice ,you should have served two months notice according to clause 7.10.

Please can you also answer my question which I asked you in the previous email which is as follows:

“Please can you confirm your understanding of Tenancy Break Clause 7.10 and 7.8?”

Customer:

Not sure what to do

LondonlawyerJ :

The deposit only relates to the condition of the property and is an entirely separate question to rent arrears. Your deposit is your money held on your behalf by the guarantee scheme. There will be a procedure for dispute resolution run by the scheme. If the landlord wants to make a claim for unpaid rent for 2 months (ie the difference between the notice period he claims to be entitled to and the notice period you have given him) then he will need to make claim in the small claims court.

LondonlawyerJ :

What has been said about the deposit?

LondonlawyerJ :

clause 7 is not on the image you sent me.

Customer:

But My question is landlord already serve me a notice when I signed my contract so my notice is irrelevant as they already served notice first to me. So as per notice I have to leave property on 27/12/2014 and I want to leave on 27.12.14. So am I entitled to get my deposit back?

LondonlawyerJ :

yes I have already said that is a good counter argument to the agents points.

LondonlawyerJ :

yes you are if the property is undamaged, deposits are about damage not alleged unpaid rent

Customer:

Good. Thank you.

LondonlawyerJ :

If i have answered your question I would be grateful if you would please rate my answer as I will not get paid for answering unless you do so.

LondonlawyerJ, Solicitor
Category: Property Law
Satisfied Customers: 791
Experience: Experienced solicitor
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