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Matt Jones
Matt Jones, Solicitor
Category: Property Law
Satisfied Customers: 671
Experience:  I am a qualified and practicing Solicitor with over 7 years post qualification experience
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My friend and I signed a Tenancy Agreement last year which

Resolved Question:

My friend and I signed a Tenancy Agreement last year which was for a period of 6 months.
Before the agreement ended we asked the landlord whether we could renew for a further 6 months, to which she verbally agreed. Subsequently she changed her mind because she said she wanted to let the house to students and she is now demanding that we move out in a week's time. What is our position?
Submitted: 2 years ago.
Category: Property Law
Expert:  Matt Jones replied 2 years ago.
Thanks for the question I will try and help. Have you been served with any form of written notice, if so can you tell me the details?
Customer: replied 2 years ago.

No, nothing in writing.

Expert:  Matt Jones replied 2 years ago.
Thanks. and have you paid a deposit, and if so do you know where this deposit is?
Expert:  Matt Jones replied 2 years ago.
Hi Can you come back to me on the above so I can help further?
Customer: replied 2 years ago.

Sorry for the delay - BT blocked my replies to you!! A deposit of £650 was paid at the outset and the owner said she would be placing it in the deposit protection account.

Expert:  Matt Jones replied 2 years ago.
Hi no problem. Did you receive the details of the deposit protection account in writing (i.e. where and how is is registered and who you reclaim it)? and did you sign to confirm receipt?
Customer: replied 2 years ago.

Sorry for the delay. BT have been blocking your site. I have now spoken to Daf Vaughan, my co tenant, and when we paid the first rent of £650 the owner have us a written receipt for the rent and deposit of £650 with a footnote which merely said "Deposit with DPS".

Daf has message on his mobile phone sent by the landlady on the 5th July asking for possession on or before 19th July. We have only had the original Tenancy Agreement for letting furnished dwelling house on an assured shorthold tenancy with a fixed term of 6 months commencing 12th October 2014. Nothing else in writing. What is our position? Do we have to vacate on or before Sunday? We don't have another property in mind because with over 12000 students in Bangor there is not much available for local people.

Expert:  Matt Jones replied 2 years ago.
Thanks for this. You do not have to give up possession of the property by the 19th July. for two reasons. Firstly You are entitled to two months notice in writing that possession is required. This notice must expire on the day before a next rent period. So for example she gave you notice today, as your rent period appears to start on the 12th of each month the expiry would be after 11th October. Any other date on the notice (i.e. other than after the 11th of a month) make the notice invalid. Secondly it appears your deposit has either note been properly registered with the DPS, or you have not been given the "Prescribed Information" which is a specific set of information about where your deposit it held. Without either of these two things happening your landlord cannot get possession back until they are resolved. In addition you would be able to sue your landlord for failure to register the deposit or provide prescribed information of up to 3 times the value of the deposit.
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Expert:  Matt Jones replied 2 years ago.
I hope this helps. Do ask any follow up questions. If you are happy then please leave positive feedback so I can be paid for my time. The question wont close and if you think of any questions later down the line you can come back to the question and post again

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