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Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7674
Experience:  UK solicitor holding an England and Wales practising Certificate.
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I rent a flat in London. My contact ended last september and

Customer Question

I rent a flat in London. My contact ended last september and I asked the landlord to renew, they never organised it and so I have not signed anything. I now want to move out, do I need to give them two months notice or not? They are evicting us and have served us two months notice but it is better for me to move out next week but I need my deposit back.
Submitted: 3 years ago.
Category: Property Law
Expert:  Thomas replied 3 years ago.

Thanks for your question.

If it is case that your tenancy expired last septemebr then it will now be regarded as a statutory periodic tenancy, which means that it continues on the same terms but fron one rent period to the next. So, if you pay your rent monthbly then it continues to from the day you pay your rent each month to the day before in the following month.

Unfortuntaely, this means that you are required to give notice. As a tenant of a statutory periodic tenancy you are required to give one month's notice (if you pay monthhly) and your notice has to expire at the end of a rent period (ie. the month to month period for which you pay your rent). If you do not give this then the landlord will have to right to insist that you do or to claim rent for the period in which your notice should have been given, so your deposit would be at risk.

If the landlord is willing to let you move out without giving the requisite period of notice then you should make sure that you get this in writing from him signed by both of you stating that he will not seeks deduction from the deposit for accepting a lesser notice.

If they are not willing to let you move out on lesser notice then you will have to serve your notice or wait until the landlord's notice expires.

I am Sorry.

Kind regards,