Landlords/Giving notice - Help for my mum(68 Posts)
I will start by saying sorry...I have started the thread in here as I know there are loads of people who read here and I need help quick..
My mum is 73yrs old and lives in a one bed, one lounge/kitchen, bathroom
hovel flat. To gain access she has to climb a number of stairs, there are 4 different flats in the block old shop with various different tenants or varying ages. Mum has been there 2yrs.
In Feb 15 she put her name on the council list, in the slim hope of getting a small bungalow, somewhere she can finally call home and relax.
She has been short listed and a bungalow has come up, the housing lady came to see mum today and filled in a form, after which she took mum and I to the bungalow to have a look around. I have never seen mum so happy, the lady said, subject to refs, she could have the keys this Wed and the tenancy would start on Monday 6th.
She was told she was 'in the running' on 19th June, the day before she was due to go on holiday, she was also due to pay her rent that day, so on my advice we left a note saying mum had possibly been offered a place and would be leaving and left two weeks rent instead of a full month. This was picked up and a receipt left.
Today mum has rang the landlord and he is demanding she give a months notice (as he cant afford to not have tenants in two of his properties) we have read her tenancy agreement and it was a contract for 6months, she has been there two years, the landlord can give her two weeks notice, but she has to give a month.
She was never asked to pay a deposit and has to pay her rent via cheques as the landlord refuses to give mum his bank details..
So can she say that letter was two weeks notice and leave on Monday??
She can move out whenever she likes but if the contract states that she must give a months notice (which according to you it does) then she will need to pay for a full month.
Well if the contract says a month then she should give a months notice.
Although he sounds dodgy as fuck re not giving bank details.
But if she pays a full month to 19th June then there is only a week's overlap - she should say he takes the notice everything period from 19th June and pay till then as per her contract.
He is a bit, I personally believe he hasn't declared the income. Mum hasn't got a cooker, there are no fire doors.
She is on housing benefit as she is a pensioner, so would have to cover the extra rent herself.
Assuming that the original tenancy was an Assured Shorthold (they usually are), it would have rolled on to a statutory periodic tenancy where the landlord must give two months notice and the tenant one month, usually from the rent payment date/start date anniversary. Unfortunately I think the landlord is right that your mum owes the full month, even if he is dodgy in other ways!
How often does your mum pay rent?
I thought the standard notice period, for either party, is "two rental periods".
So, if she pays weekly, it is 2 weeks.
Monthly, hen two months.
Unless stated otherwise in the contract.
I would take a copy of the agreement to your local CaB for proper advice.
If I was having to pay rent I would make sure some of my stuff was still there up to the last day so he couldn't move anyone else in. Or likely he will ASAP and be getting two rents for the same period.
dont worry housing benefit will usually give you an overlap of anything up to a month in these circumstances ive spoke to them about this before just talk to them
If the contract says she should give a months notice, then she should give a months notice. I don't think you gave your mum very good advice when you told her to just leave a note with half the rent she owes.
She pays monthly, is a very good tenant, but just wants to move into this new place asap...if he gets anyone to move in anytime, she is happy with that, she will have the keys on Wed or she could stay with us.
The 2 week notice period by the landlord is completely illegal (he must give 28 days minimum)
I'm not sure if that affects her notice though, which would normally be one month in this scenario.
I would be inclined to just give two weeks notice, personally, and get the landlord to try his luck. He sounds like a bit of a twat.
Landlord must give 2 calendar months notice from the next rent date (not 2 weeks or 28 days) - he sounds like a dodgy fucker, I wouldn't worry about the consequences of leaving early. He's unlikely to chase your Mother to court to reclaim what he says she will owe, based on the illegalities of his property and "contract".
Just to clarify, she wants to give two weeks notice to him (given on 19th June) and move out on Monday 6th July.
But reading above, I think she will have to give a month damm
As a few people have said, legally she needs to give one month's notice as that's how often she pays her rent
but he obviously isn't declaring the income and she hasn't paid a deposit so what's he going to do? I would report him to HMRC.
Most importantly does your mum definitely have the new place?
As long as her references come back ok, then yes. (So he has to give her a reference to)
In that case I would definitely pay the month. Not worth risking the whole thing over 2 weeks rent!
She had a telephone call this morning to say that she has got the property and can pick up the keys tomorrow at 12. Confused at the references bit though, either they were able to get hold of 3 landlords yesterday afternoon or they didn't bother.
I am so very happy for my mum.
I think she will just have to suck it up and give a months rent but hopefully the housing can help her with that.
Greenkit, the risk your mother needs to weigh up, is, if she doesn't give the required notice, will the LL take her to court?
Considering the place sounds like a death trap and not up to regulations, and the lease is filled with totally unenforceable (and illegal) terms, I doubt it. In fact I'd bet my house on it.
i'd just leave, post the keys back, and so be it.
if this is England/Wales:
- with no written contract, notice tenant to landlord is one month, expiring on the day the rent is normally paid. That's the law. IF the landlord shares the accommodation then she is a lodger and there is no fixed notice period, but it sounds like this is not the case. Notice landlord to tenant is two MONTHS and no contract could over-ride that.
- if there are four independent flats with no-one sharing bathrooms/kitchens, then it is not a house in multiple occupation (HMO) and there are no requirements for fire doors. The stairs are as they were when she rented it. If there are other issues with it the council should also be notified, although one of the remaining tenants is better placed to do that.
- with no deposit it doesn't have to be protected. With no deposit there's no arguing about its return.
- if the place has gas and there is no gas safe cert, that needs reporting as that is illegal. (And dangerous).
- landlord does not have to give bank details, although anyone with a brain knows that sort code and account number do NOT leave you open to fraud.
she can of course leave whenever she likes. But she needs to give a month's written notice expiring on the next rental payment, which I'm afraid is now 19th August.
the only possible law breach if it is not an HMO is a gas safe cert, and of course possible tax evasion, although there's no proof of that. Sorry. Unfortunate timing but she could not have given notice without definite new accommodation.
if the area is in high demand I'm sure there will be a new tenant before 19th August, so perhaps that could be negotiated. But get that notice in now.
oops!! I see you did leave notice on 19th June. In that case she is indeed only liable to 19th July.
as i said speak to housing benefits they can help you xx
Housing benefit usually pay an overlap if you are moving into social housing as they know you have to accept the property and move in very quickly.
If she's got the keys to the council property, I'd be inclined to re-state that she gave notice on 19 June and pay up until the point that she leaves. She's got somewhere secure to move to, and he's unlikely to try and take her to court given how dodgy he sounds. Take lots of photos when she moves out, though, in case he tries to claim there's damage to the property.
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