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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10585
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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Our tenancy agreement expires on the 9th September 2015

Customer Question

Hi
Our tenancy agreement expires on the 9th September 2015 and we have given notice via email as it states in our contract that we should give notice in writing, we sent the e-mail on the 9th July 2015. The landlord has "replied", which in my mind means they have aknowledged, but they have stated by return of e-mail that our contract states that notice in writing must be given in writing by hand or by post, I hasten to add that they live in Malta. Is this write?
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.

Could you please confirm if your Tenancy is for say 6 or 12 months and it ends on 9th September, as opposed to a Tenancy whic has already expired and is running from month to month?

Al

Customer: replied 2 years ago.
Hi, the tenancy is for 4 years starting on the 9th September 2011 and we presume expires on the 9th September 2015. We have explained to the landlord that our final payment will be paid on the 9th August 2015. In theory we are still in our agreement/ contract and giving 2 months notice in writing, though via e-mail.
Expert:  Aston Lawyer replied 2 years ago.

Hi Dave,

Thanks for your reply.

Well, upon the fixed term of a Tenancy ending (you will need to check your Agreement to see what day it ends), you are free to vacate the property and return the keys to the Landlord/their Agents.

You are under no legal obligation to give any Notice to your Landlord of your wish to do this, even if the Tenancy agreement says you must give a period of notice.

So, feel free just to vacate!

I hope this assists and if so, I would be grateful if you could rate my answer.

Kind Regards

Al

Customer: replied 2 years ago.
Hi, it is a shorthold tenancy agreement and states that it expires ay 11:00 am on the 9th September 2015, my only fear is that they hold 2 months rent as deposit, via a bond holder, and would like it back? Further to this in the nearly 4 years we have been here there has only been 2 gas checks, shouldn't these be done annualy?
Expert:  Aston Lawyer replied 2 years ago.

Hi Dave,

Thanks for your reply. I hope I have answered your original question.

If you would be kind enough to rate my answer, I will happily answer these further questions for you.

Kind Regards

Al

Aston Lawyer and other Property Law Specialists are ready to help you
Expert:  Aston Lawyer replied 2 years ago.

Hi Dave,

Thanks for rating my answer.

As regards ***** ***** withholding your Deposit, these monies will be held in aTenant's Deposit Scheme and the scheme provider will liaise with you and your Landlord as regards ***** ***** which arises concerning the return of the deposit. Your Landlord certainly won't therefore be legally entitled to claim your deposit back on the grounds that you have not given notice, as no notice is required.

A Landlord should produce a Gas Certificate every 12 months.

Gas safety is enforced by the Health and Safety Executive. It is up to them to bring prosecutions. Though the HSE can prosecute for breach of the regulations, my experience of them is that they have little interest in past infringements but are more concerned with present issues. A Tenant is not entitled to withhold rent/claim compensation if their Landlord has breched the rules as it is a crminal offence. If your Landlord has done the Gas check in the last 12 months, there is little action HSE are likely to take, but if it has not been done in the last 12 months, you may want to report the matter to them. As I have said, it won't benefit you finacially, however.

I hope this helps.

Kind Regards

Al

Customer: