punter Report post Posted April 13, 2011 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? Quote Share this post Link to post Share on other sites
punter Report post Posted April 13, 2011 Anyone know please I need to see a place this afternoon ??? Quote Share this post Link to post Share on other sites
zebbedee Report post Posted April 13, 2011 (edited) 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 Assuning you continue to pay rent up to 30th may your deposit should be sound. Edited April 13, 2011 by zebbedee Quote Share this post Link to post Share on other sites
punter Report post Posted April 13, 2011 (edited) 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 April 13, 2011 by punter Quote Share this post Link to post Share on other sites
zebbedee Report post Posted April 13, 2011 (edited) 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 April 13, 2011 by zebbedee Quote Share this post Link to post Share on other sites
RapMan Report post Posted April 13, 2011 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? Quote Share this post Link to post Share on other sites
zebbedee Report post Posted April 13, 2011 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 Quote Share this post Link to post Share on other sites
punter Report post Posted April 13, 2011 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 Quote Share this post Link to post Share on other sites
zebbedee Report post Posted April 13, 2011 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. Quote Share this post Link to post Share on other sites
RapMan Report post Posted April 13, 2011 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? Quote Share this post Link to post Share on other sites
zebbedee Report post Posted April 13, 2011 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 Quote Share this post Link to post Share on other sites
Lepista Report post Posted April 13, 2011 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. Quote Share this post Link to post Share on other sites
RichB Report post Posted April 13, 2011 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... Quote Share this post Link to post Share on other sites
lastlaugh Report post Posted April 16, 2011 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: Quote Share this post Link to post Share on other sites
