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Help regarding leaving rented flat

(44 Posts)
somepeople2013 Mon 08-Apr-13 09:20:42

Hi....
I posted this on chat aswell but hoping someone here could help

I need a bit of help really. I privately rent a 1 bed flat through an agency. I have just been made redundant due to the small company I work for going under. I have been informed that there is no money left in the company so will not be getting paid this month let alone get redundancy pay (going to cab to see if this is legal)

My question is this: I currently do not have a tenancy agreement (they emailed for me to come in and sign back in feb when it expired. I said I would come in and sign for another 6 months but due to going through a stessfull time I completely forgot and have not heard anything since) my only option I feel is to email today giving them notice that I will leave the flat on 16th May and to keep the deposit (deposit is £675 and monthly rent £590) as payment for last month's rent.

Is this out of order? Im so stressed about what to do but surely that's the best option?

I know I said over the phone I would stay for 6 months but im giving 5 weeks notice and saying they can keep the deposit.

Somebody please help!

ILikeBirds Mon 08-Apr-13 09:26:42

You do have a tenancy agreement, if the initial rental period is up you automatically move to a statutory periodic tenancy. If you normally pay monthly then you just need to give one months notice to coincide with the end of the tenancy period (anniversary of when you moved in)

AliceWChild Mon 08-Apr-13 09:36:59

Wow please don't be worrying about that! It's not your fault this has happened and you need to think about yourself. What you propose is just fine.

Jammybean Mon 08-Apr-13 09:48:07

Do you already have somewhere to move to? Can you not apply for housing/ council tax benefit to tide you over till you find another job?

somepeople2013 Mon 08-Apr-13 09:52:06

I would only be entitled to £300 a month h.b so it's not really an option. Im just so stressed and confused. scared they'll take me to court

somepeople2013 Mon 08-Apr-13 09:52:28

and yes moving back to my parents

expatinscotland Mon 08-Apr-13 10:03:37

Contact and tell them the truth!

Jammybean Mon 08-Apr-13 10:10:08

I wouldn't worry. I'm sure this sort of thing happens quite often. As expat said. Call the agent asap and make them aware of the situation, I'm sure they'll be very understanding. I would aslo put it in writing stating when you will be leaving.

specialsubject Mon 08-Apr-13 10:11:17

you are on a rolling month to month tenancy. You can give one month's notice to expire on the day you normally pay the rent. (It is two months for the landlord)

however the deposit is to pay for any damage you do, not to cover rent. If you haven't done any damage you should get the deposit back, and it should be in a protected scheme to ensure fair play.

MoreBeta Mon 08-Apr-13 10:14:32

What ILike Birds said is absolutley correct. If you do not sign a new tenenacy agreement you have a gone on to a periodic tenancy that began by default. It just rolls on after the end of your 6 month assured shorthold tenancy until someone gives notice. You need to give at least 28 days notice to quit and it must be given before your next rent is due.

This is from the CAB website:

Periodic tenancies
If you want to end a periodic agreement you must give your landlord a valid notice to quit. The notice to quit must:

•be in writing
•be for at least 28 days. However it could be for longer, so check what your tenancy agreement says first
•expire on the first or last day of a period of the tenancy (unless your tenancy agreement says otherwise). The first day of a period of the tenancy is usually the day your rent is due, but not always. It's not always easy to work out what is the first or last day of a period of the tenancy, so you may need to get advice first.
•In the case of a joint tenancy, just one tenant giving notice to quit can end the tenancy for all of the tenants. If you are unsure whether or not you are a joint tenant, an adviser will be able to help you.
and hence can just give notice and move out

Sunnyshores Mon 08-Apr-13 10:21:32

As a landlord - these things are unfortunately quite common, its when tenants lie and dont make any effort to help the situation that it can get nasty.
So I'd get onto the Agent tell them the truth and give the one months notice that you're legally obliged to give. Strictly speaking the deposit isnt to be used as rent, is for damages, but again there's not much that you can do. Dont worry, there is no way they will take you to court, they have the full rent and £80 left over for a clean or minor repair - as long as you havent destroyed the flat!
Do go to CAB, and housing they may be able to help you. All the best!

somepeople2013 Mon 08-Apr-13 10:21:34

so is there definitely no way for the deposit to be released to the landlord if I gave my written permission? just want to cry

CajaDeLaMemoria Mon 08-Apr-13 10:25:20

The only possible way I can think of is if the landlord 'invents' some damage and you do not dispute the claims. But that's not legal, and could turn nasty. I'm also not sure that any reputable landlord would want to be involved in something like that.

You'll probably find that it's actually in your contract that you cannot use the deposit as the last months' rent, if your landlord has used a standard one.

But hang on - when did you move in to the property, and when was a new contract due to be signed? What day is your rent due?

somepeople2013 Mon 08-Apr-13 10:28:54

I moved in on 17 feb 2012 was due to sign Feb 17 2013. rent due 17 April

LIZS Mon 08-Apr-13 10:33:00

so you need to give notice before 17th. Do so by recorded letter so there is trace of it.

wonkylegs Mon 08-Apr-13 10:37:32

If you are made redundant due to bankruptcy you can qualify for statutory redundancy and back pay from the Insolvency Service. It depends on length of service, NICs contributions etc but its worth a look on the Insolvency Service website.
I went through it last year and it was a relatively painless part of what was a heartbreaking process for me.

MoreBeta Mon 08-Apr-13 10:37:49

Start by giving 28 days notice today in writing Can your parents loan you some money for the next month rent and pay them back out of deposit once you get it back? If not posisble then explain circumstances to landlord and why you have suddenly had to give notice. Perhaps even send a copy of the the redundancy notice from your firm and then give the flat a really thorough clean to ensure you get your depoist back.

By the way you should put a claim for owed wage sinto the receivers/ administrators at your firm as you are a creditor alongside all the other people owed money. You may well not get any money but if you dont put a claim into the receivers/administrators you wil definitley get nothing.

Alwayscheerful Mon 08-Apr-13 10:39:07

What Lizs said. You are now on a rolling month tenancy, but communication with the landlord is vital, explain you are no longer in a position to renew your tenancy but you have enjoyed your time in the flat and hope to leave it in a pristine condition, if he is a good landlord he will do an inspection a few weeks before you leave and you can agree any outstanding issues.

CajaDeLaMemoria Mon 08-Apr-13 10:41:30

Ah good, for a moment there I thought you were still in the initial period.

Right, you need to give notice to the address in your contract by 17th April.

Could you leave before the 17th? If you could, I'd speak to the agent or landlord and explain that you've been made redundant and it's very unlikely you'll get any money, so you need to end the tenancy. Offer to either leave before the 17th, or to pay the deposit to the landlord when it's returned to you. At least that way, the landlord has options.

Technically, two months rent would need to be owed before court proceedings could begin, and would fail if you'd paid up to date. So if you get the deposit back in full quickly enough, you could pay it when it's returned. It's not overly fair to the landlord, but needs must in situations like this. The only problem with this is that it probably won't be pleasant living in a house where you owe rent. It's probably a better idea to give notice and then move out earlier, and pay the landlord ASAP.

Of course, if the landlord is agreeable to all that ^, they may well let you go now and help the process go as easily as possible.

I hope this helps a bit!

somepeople2013 Mon 08-Apr-13 11:01:36

Im trying so hard to stay calm (failing miserably lol) im so scared to tell them. Know I sound pathetic but im only 21 and never had to do anything like this before. im just so scared about being taken to court

somepeople2013 Mon 08-Apr-13 11:12:51

and my dads my guarantor so worried hes going to get taken to court. its all such a fuck up (sorry to swear)

AliceWChild Mon 08-Apr-13 12:10:28

Take a deep breath and read through the info from the CAB people have posted again. It's really fine.

I did a runner from a house when I was your age with my mum as guarantor. Lovely behaviour I know. But nothing at all happened. And what you're doing is above board.

RenterNomad Mon 08-Apr-13 12:19:16

Darling, don't be scared if this, at least (plenty of other things to be scared of in this life...). Just give your month's notice as advised, and find out what money you are entitled to.

If the LL/agent can expedite the deposit return, you will be straight. In fact, if you can move out early (do your parents live close enough for you to commute to work till the company closes?) you won't get the benefit of using the house, but the LL/agent can get busy releasing your deposit so you can settle up with them...?

somepeople2013 Mon 08-Apr-13 12:55:45

im just so worried what will happen if they can't keep the deposit for last month's rent. I have no way of paying. I have no savings (stupid I know but my boyfriend got made redundant a few months back - bloody comet lol - so what little savings we did have got used)

Me and my dad only started having a proper relationship in the past year and a half (he had an affair a few years ago and although him and mum sorted it between them it took me ages to get over it and we had a bad relationship before anyway) and so scared that if he gets implicated as guarantor things will go back to how they used to be.

I am no longer working as company shut day we were told. so im just sat in my flat trying to work out wtf im going to do. I have so many bills due. This has been such an awful year.

LadyMercy Mon 08-Apr-13 13:22:53

Please don't panic. There is some very good advice upthread.

Do you know if your deposit is held in a protection scheme, such as the DPS or TDS?

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