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Served Notice

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Argument over his rent increase, has served notice June 30th

if I sort something out and need to secure the new gaff from 1st May, will I lose my deposit for not giving 30 days or the fact that HE has served notice means I can move and get it back?

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Argument over his rent increase, has served notice June 30th

if I sort something out and need to secure the new gaff from 1st May, will I lose my deposit for not giving 30 days or the fact that HE has served notice means I can move and get it back?

Assuming your tenancy period runs to 30th may then you cant serve your 1 month notice to terminate on 30th april now so the earliest the tenancy can be brought to an end is the 30th may. You can leave at anytime but rent will be due to the 30th may. Did he serve 2 months notice by the way and why sit around letting the time you have to serve 1 month run away from you (I guess you've only just found the new place). Also since he's a c0ck I hope you are refusing viewings-let the n0bber have a void and see where that rent increase argument has got him :rolleyes:

Assuning you continue to pay rent up to 30th may your deposit should be sound.

Edited by zebbedee

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there is no tenancy, we refused to sign a new one. he's a total amateur

the notice is something he's printed off the internet and wants us gone by June 30th

Edited by punter

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there is no tenancy, we refused to sign a new one. he's a total amateur

There is a tenancy, the contact ran out and you didn't sign which made it convert to a statutory periodic tenancy-basically the terms of the original stand but there is no fixed term. Specifically for you the notice periods stand.

Edited by zebbedee

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Argument over his rent increase, has served notice June 30th

if I sort something out and need to secure the new gaff from 1st May, will I lose my deposit for not giving 30 days or the fact that HE has served notice means I can move and get it back?

Why June 30th? When does your current agreement cease?

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Since he's a total amatuer check to see he served a valid section 21 notice (theres a prescribed format), you may buy some time to find somewhere if he didn't

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so if I want this new place secured it's going to cost me my deposit unless they agree I can move in officially 30th May

It won't cost you your deposit, you just cannot end the tenancy before 30 may, you can serve notice now (at least 1 month and ending at the end of a period-30 may I guess from the dates he's used) and leave on 30th may, you can take the new place whenever you like but will have to pay rent to 30th may to the current place. It's a bugger-but I like to have an overlap, no rush moving and all.

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so if I want this new place secured it's going to cost me my deposit unless they agree I can move in officially 30th May

I think that you need to give one months notice to leave so you would need to make rental payments to cover this to ensure that he cannot deduct from your deposit to cover.

Was your deposit registered under a tenancy deposit scheme? Perhaps the threat of legal action may let him waive commitments on your part?

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Mind you, how often do you pay rent, I think there may be something about the period being a rental period in the housing act but am not gen'd up enough to know. Needs someone more knoweledgable

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If your landlord has given you notice, then your tenancy will end on the day you move out.

The two months notice maens that he cannot throw you out any earlier, but it is your choice if you want to leave earlier than this.

If YOU have given notice to your landlord, then you can move out earlier, but you still will owe one months rent from when you gave notice.

The notice period usually relates to the date you / he informed you of notice to leave - it has (usually) nothing whatsoever to do with month end, when you pay your rent, etc - it would be stated in your tenancy agreement if it were so - and even so, you could have a valid claim that this is unfair terms and conditions, instantly voiding the AST (in your favour). Imagine the scenario where you pay at the end of a calendar month, but the next day want to give notice. you are then effectively having to give TWO months notice that you intend to leave.

As always, DYOR, and go and see citizens advice.

Hope this helps.

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There is a tenancy, the contact ran out and you didn't sign which made it convert to a statutory periodic tenancy-basically the terms of the original stand but there is no fixed term. Specifically for you the notice periods stand.

That assumes he was on an assured shorthold in the first place - not just a lodger. If he/she is just a lodger in a room then things are different I believe...

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If your landlord has given you notice, then your tenancy will end on the day you move out.

The two months notice maens that he cannot throw you out any earlier, but it is your choice if you want to leave earlier than this.

If YOU have given notice to your landlord, then you can move out earlier, but you still will owe one months rent from when you gave notice.

The notice period usually relates to the date you / he informed you of notice to leave - it has (usually) nothing whatsoever to do with month end, when you pay your rent, etc - it would be stated in your tenancy agreement if it were so - and even so, you could have a valid claim that this is unfair terms and conditions, instantly voiding the AST (in your favour). Imagine the scenario where you pay at the end of a calendar month, but the next day want to give notice. you are then effectively having to give TWO months notice that you intend to leave.

As always, DYOR, and go and see citizens advice.

Hope this helps.

Most of the above post is misleading and unhelpful. :angry:

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  • 284 Brexit, House prices and Summer 2020

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