cloudy
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| posted on 4/3/10 at 01:36 PM |
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Notice required for expired contract on house letting?
I'm looking to move out of my rented house, having been there about 5 years. I privately had yearly contracts with the landlord with notice of
2months, however the last 12months contract expired a few months back and neither of us has renewed or signed anything further...
I need to give 1 months notice to be able to move in with friends, but the landlord is insistent I give 2, where do I stand legally (and what chance
has he of holding my deposit?)
James
www.warnercars.com
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bmseven
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| posted on 4/3/10 at 01:39 PM |
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If the contract has not been renewed then none I would have thought, does he just have 1 months rent as a deposit?
If so then whats the problem 
BMW 7 Resource
Bures Pit anyone?
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cloudy
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| posted on 4/3/10 at 01:40 PM |
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I've just paid this months rent, so he has payment up to the estimated leave date - surely he'll try and hold my deposit for the second
month I won't be there....
James
www.warnercars.com
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AndyW
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| posted on 4/3/10 at 01:42 PM |
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think you will find that as previous contract has been for 5 years and expired, although no new contract has been signed it will be presummed a
rolling contract basis as the agreement of you renting and paying each month continues, so does the agreed contract. If you leave a month early he can
use your deposit for the lost months rent, leaving you without a returnable deposit.
Your best bet it to speak with either citizens advise or ideally a solicitor to get exact legal stance...
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mookaloid
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| posted on 4/3/10 at 02:01 PM |
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Legally, you only have to give 1 months notice.
many landlords write 2 months notice into the contract but it won't stand up in court as it contravenes statute law- which you can't
do.
As he has your deposit he might try and keep that but if you took him to the small claims court you would win that one if he tried to hold it against
unpaid rent for the second month's notice.
U2U me if you want any further advice - I'm a letting agent.
cheers
Mark
"That thing you're thinking - it wont be that."
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andyharding
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| posted on 4/3/10 at 02:01 PM |
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You both agreed to 2 months notice. You are just trying to screw him over now as it is more convenient for you to give 1 months notice. Be a man and
do the right thing - 2 months notice.
Are you a Mac user or a retard?
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ashg
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| posted on 4/3/10 at 03:57 PM |
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i had all this when i stopped renting and bought a house. fortunately the land lord found a new tenant about 2-3 days after i gave notice. ended up
moving out in about 3 weeks i recall. and they refunded my deposit and all money owed.
just tell them you will be out in one month but are willing to pay the 2 months notice if they don't get anyone new in. i put money on the fact
that they will find a new tenant pretty quickly as a lot of people cant afford to buy at the moment.
Anything With Tits or Wheels Will cost you MONEY!!
Haynes Roadster (Finished)
Exocet (Finished & Sold)
New Project (Started)
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russbost
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| posted on 4/3/10 at 04:24 PM |
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Once the tenancy has expired you are on a rolling contract & are only required to give one months notice - however this should be given at least
one month b4 the rental due day ie if your rental agreement is on the 5th of each month the latest you can give notice for next month is the 4th of
this month - any later than that & it is deemed to be notice for the following 5th of month. ot sure I've explained that very well!
However, under the new rules your rent deposit should be held by a third party insurance or if held by the landlord it has to be in a guaranteed
scheme which will arbitrate in the case of a dispute. HTH
[Edited on 4/3/10 by russbost]
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NOTE:This user is registered as a LocostBuilders trader and may offer commercial services to other users
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twybrow
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| posted on 4/3/10 at 04:31 PM |
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Try a half way house and say as you are both unsure on the legal stading, you compromise on 6 weeks notice...?
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cloudy
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| posted on 4/3/10 at 04:34 PM |
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6 weeks could be the way forward...
James
www.warnercars.com
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JoelP
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| posted on 4/3/10 at 06:45 PM |
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mark and russbost have it spot on. IT becomes a rolling contract, and you need only give one month notice. The landlord needs to give two months
notice if he wants you out.
Im a landlord too.
Beware! Bourettes is binfectious.
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oldtimer
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| posted on 4/3/10 at 07:26 PM |
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Yes, above are correct. Deposit unlikely to be in a government scheme as that came in less than 5 years ago. Can't believe that after 5 years
you can't agree on an amicable solution......
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