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Can anyone help me with giving notice to my LL?

(13 Posts)
Meowww Wed 04-Feb-15 16:33:01

Hello, we signed an assured short hold tenancy with my LL for 12 months on Feb 24th 2012. On renewal, no new contract, just a verbal agreement (new boiler check etc.) so I assumed we had gone on to a statutory contract.

LL put our house on the market recently and it has sold. We are looking for a new rental but I'm not sure how the notice period will work. I have read on here that LL needs to give us notice from the day before our rental date, i.e. the 23rd. Is this correct?

He has not yet given us notice.

Also, what happens if we find somewhere and want to give one month's notice (from rent date, I assume) then the LL gives us 2 months notice. Whose notice runs first? Could he give us 2 months notice, to run from the Feb 23rd, and then it is too late for us to give him 1 months notice from Feb 23rd?

We are fine about moving, but I want to be able to tell new prospective LLs when we can move in.

specialsubject Wed 04-Feb-15 17:03:01

that date is correct.

Landlord has to give tenant 2 months notice. Tenant has to give landlord one month's notice. In the situation you describe, you would still be good to go one month after Feb 23rd.

He may give you notice after you give in yours - this is just to protect him in case you change your mind and don't go. Still doesn't invalidate yours.

give your notice in writing, by recorded delivery, and keep a copy. Ask for arrangements re checkout and deposit return, remove all your stuff, clean the place up and that's it. Reminder that deposit deductions can only be for damage, not wear and tear.

Meowww Wed 04-Feb-15 17:10:16

Thanks Special I was just worried about the your notice/our notice business so you've really set my mind at rest.

I'm certain my LL no longer lives at the address on the original contract so I suppose I will have to address one to that address and another to the person who acts as intermediary.

I would be very surprised in LL quibbled about damage, although there is plenty. But as he's selling it, he can't claim for things that he is not actually going to carry out, can he? I'm thinking of paintwork, carpets etc.

wowfudge Wed 04-Feb-15 17:18:56

Hi - you have to give one month's notice, your LL must give you two. You are correct that notice must be given by 23rd of a month by either party.

You are on a statutory periodic tenancy so all the same terms as before but on a rolling month-by-month basis if no new AST was signed.

LL's gas safety check must by law be carried out annually whatever the basis of your tenancy.

Your LL is likely to serve you notice when he has an indication how long it will take for his sale to complete and is happy the sale is going to go ahead. He will probably want you out before he exchanges so he has no issues with completion - he needs to give the purchaser vacant possession.

If you find somewhere before he has given you notice, tell him you are going to give notice then follow up in writing. You can give him notice before 23rd of a month, one month is the minimum. If you sign up for somewhere on 15th, serve notice to expire on 23rd of the following month.

It is highly unlikely he will serve you notice and insist on waiting two months to get the house back if you have found somewhere and want to go sooner. After all, losing one month's rent is more of a cash flow issue than loss of earnings when a sale has been agreed.

wowfudge Wed 04-Feb-15 17:23:14

X post with special. Just because he's selling doesn't mean he has no right to have the damage put right!

I had a tenant who left my house a right mess - filthy dirty and several things needed fixing. I recovered the money to put things right from the tenant's deposit. I didn't want the buyer reducing the offer price.

You are entitled to your LL's contact details from the agent - just ask for them.

Meowww Wed 04-Feb-15 17:25:47

Thanks wowfudge. Yes, that's what I thought. Do you know about the wear and tear/damage issue when the house is being sold? Presumably the buyers have bought it as is, so unless they specify they house must be painted before they exchange then I can't see how he could charge us.

You are right about the cash-flow thing - he is getting one and half million so a month's rent, although substantial, is the least of it.

Meowww Wed 04-Feb-15 17:29:04

Sorry cross post. I don't mean I would leave the house dirty (we have 2 btls and have had similar) I just mean we have been here for 3 years, have young children etc so there is tonnes of scuffing, pen marks etc. My point is that, if he has already sold the house subject to contract and is not going to decorate before exchange (its a very big house so would be a big undertaking), then can he charge us for damage that he is not actually going to repair?

There has been plenty of goodwill between us, so I can't think it would come to it, but I wanted to check my position.

mandy214 Wed 04-Feb-15 18:01:05

There has been some change in the law following a case at the end of 2013. Where a fixed term AST has finished, and you're on a periodic tenancy (which is sounds as if you are), your landlord can just give you 2 months notice now, it doesn't have to end of any particular day (so no need to wait until 23rd).

Meowww Wed 04-Feb-15 19:20:33

Uh oh. that's bad news for us - oh well, two months should be enough, we have offered on something today but so have several other people i think.

wowfudge Wed 04-Feb-15 22:26:58

Speak to your LL about what he expects when you move out. Read the original AST before you do because there may be provisions in there detailing what you are expected to do.

Our house was bought by a first time buyer and I just wouldn't have sold the house to her (or anyone) with missing window keys, crayon on the living room walls, etc. Things like scuffs to skirting boards are normal wear and tear. Pen (or crayon) on the walls is not. Your deposit protection scheme probably has guidance available on its website on what can be deducted for and what can't.

mandy could you please provide a link to the case you mentioned or a report of it?

mandy214 Thu 05-Feb-15 09:02:30

Spencer v Taylor

This is a link which gives some guidance on the practicalities but as with everything legal, you need to check your individual position based on your tenancy/ arrangement with the landlord.

specialsubject Thu 05-Feb-15 10:27:11

scuffing within reason from people moving about in the house is wear and tear. Wall scribbles are damage and will affect your deposit.

wowfudge Thu 05-Feb-15 10:33:57

Mandy - thanks. I found the law firm's report on that case.

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