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Ask James Mather Your Own Question
James Mather
James Mather,
Category: Law
Satisfied Customers: 22629
Experience:  Senior Partner at Berkson Wallace
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Hi there I have a problem with my landlord I have a contract

Customer Question

Hi there

I have a problem with my landlord
I have a contract which ended in July this year but we continued to stay in the flat.
I also paid a deposit which is protected by DPS
We had a problem with the washing machine, whit the above flat window seal falling on our balcony, with moulded walls, etc...
I called the landlord and informed him that if this is not being fixed we are moving out.
He said that in the contract it doesn't say that he is responsible for this things.
I then told him that I will not pay this month rent and that I am moving out. I stayed there for 15 days without paying and now he wants to send me to court for not paying this month rent.
He called me and swared at me and insulted me. I then told him that he can keep the deposit which I am sure I will not have back. Also that I am moving out in two days and there is not need for one month payment.
He was not happy with it and is looking to take me to court.

Please advice me on this matter.

Kind regards
Submitted: 4 years ago.
Category: Law
Expert:  James Mather replied 4 years ago.
Thank you for your question here on Just answer. It is my pleasure to try and assist you with this today. Please bear with me if I need to ask for any further information from you in order for me to be able to advise you fully. My name isXXXXX and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case. I will be online and off-line all day most weekdays and weekends.

What type of contract was this please?
Customer: replied 4 years ago.

Hi Mr Denning

I had signed a shortleas contract for one year, which we did not renew after expiration

Expert:  James Mather replied 4 years ago.

How much notice did you give of moving out?

Was the rent paid up to date

on the date you moved out?

Customer: replied 4 years ago.

It was a one month verbal notice over the phone

Then I have sent a letter which was 4 weeks notice

Expert:  James Mather replied 4 years ago.

Was the rent paid up to date

on the date you moved out?

Customer: replied 4 years ago.

I haven't moved out yet.

I have paid the last month rent.

Our month starts on the first so I have stayed with no payment for the last two weeks only

Expert:  James Mather replied 4 years ago.

Thank you. If you had an assured short hold
tenancy and who have simply stayed in the property at the end of the term on a
month by month basis without renewing, then you have what is now known as a
Periodic Tenancy and you can give one month notice to quit.

Provided therefore you pay the rent for that one
month, the landlord has no claim against you and if he does try to keep the
deposit, either filer dispute with the deposit scheme and/or sue him in the
County Court small claims.

He will deny the verbal notice over the phone so
I would go by the dates in the letter

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