To not give my landlady effectively two months notice?

[HappyGoLuckyGirl]

Backstory - lived in the property 15 months. There have been issues with the property from the get go, mainly with the bathroom and little lean to (small extension) where the fridge is kept.

The landlord sacked the letting agency around 6 months into the agreement. Since then she has dealt directly with me.

The reason I am moving is because I can't cope with the state of the house anymore. The toilet is leaking again, the shower is still not working properly and cuts out leaving me with only cold water (has been like this for approximately 4 months), the basin gives off a horrifically strong sulpher smell when used (she has known about this for about 6 weeks). And the little extension flat roof is now leaking!

There have been so many problems with the bathroom and she just gets her handy man guy to botch repair them. There is a hole in my kitchen ceiling because the basin was leaking into the kitchen ceiling void that still has not been repaired. Anyway...

The 12 month tenancy ended and the landlord said she would draw up a new tenancy, but she failed to do so, so the tenancy is now periodic.

My rent is due on 28th of each month, so it serves that the notice period should be 27th - 28th of the following month.

I'm going to view another property tomorrow and all being well, I intend to put in an application. The property is vacant so I can move in before the end of the month if necessary.

I know the legal position of ending periodic tenancies is a month's notice given on the day the rent is due, however, that would mean 2 months before I could leave and two more months stuck with a defective bathroom.

AIBU to give a months notice and pro-rata the remaining days over the tenancy? I would obviously give vacant possession on or before the 28th. So if I give notice on Friday 2nd Nov I would give my landlord £80 to cover those extra 5 days, even though I would still be vacating on or before 28th.

I don't think she will be reasonable and accept this as she hasn't proved reasonable in the past (refusing to supervise her workmen so I had to take time off work) however, I really cannot live there any longer. I don't even know how I'm going to get my deposit back as it was held by the letting agent and I have no way of knowing if it was transferred to the landlady.

AIBU and WWYD?

Just because she has a mortgage on it you have no idea whether or not she has consent to let. That's between her and her mortgage company. Don't waste your time with those kind of threats.

Neither party can get the money out of the deposit scheme (you should have been given details of this by the agency) without the other's agreement - she cannot just withhold the money, but you won't get anything back until you've either both agreed or gone through the dispute process.

If I didn't give her full notice would she be able to keep my deposit to cover the extra month's notice? Or could I say that as her address isn't on the tenancy agreement, I could not send her notice?

That's the key point, unfortunately. Yes, she'd likely put in a claim against the deposit for the days that you didn't give - essentially you've run out of time to give notice this month and so the next available date to give one months notice is the 28th December. You could tell her that you'll be leaving earlier and see if you can negotiate an earlier exit, but there's not much incentive for the landlord, and it's unlikely that you'll find someone to move in earlier if it's not a nice place to live.

Do take photos of the house before you leave but you won't have any issues with damage if there's no inventory. Did the agency not do one? They usually do, and give you a copy to sign.

Pansy As I explained it's very easy to work out if she has the wrong type of mortgage on the property, just by checking the Land Registry database.

I wouldn't normally advise the Op to use this information but it's a worthwhile bargaining tool considering the OP is living in a flat that in hazardous to her health.

It might be worth seeking some advice from eg CAB. The Landlord has a responsibility to maintain the property so that all of the facilities, eg shower, can be used. As yours hasn't done so for an extended period this could mean that they have not kept to the terms of the tenancy agreement and you would then be able to seek some redress for that. If the CAB could confirm that then you could use this as the basis to negotiate an early end to your tenancy.

Okay, checked land registry and she is registered at an alternative address so that's a dead end.

I'm going to have to ring her tomorrow and advise that I am giving one months notice. I will offer to give vacant possession before christmas, give her a further pro-rata payment for the additional week and agree to some deposit reductions for a few minor items (holes in walls for shelves etc).

If she doesn't accept I will just have to say that I will not vacate until 28th Dec, I will not allow any viewings and I will be inhabiting the property with the knowledge that I will not be getting my deposit back and there is no inventory that recorded the condition of the property prior to my tenancy.

Just a point of interest - Landladies run pubs and guest houses, people who rent out property are always Landlords, whether they're male or female

I would do what you suggest - there's little she can do about it other than take you to court, and if she won't spend money on bathroom repairs I think it's highly unlikely she'll spend money on a solicitor either!

I haven't worked in lettings for a long time now, but when I did a deposit could not be used in lieu of rent unless you had the tenant's permission in writing to do so. If the deposit is held in the deposit scheme then I doubt she will be able to do this.

Oh, that's interesting Prosecco - thank you!

I think this might be my only option. I do hope she sees reason.

Talk to cab. Rolling contract if no new contract. Might just be a month. Give notice by letter to the estate agent you orginally signed with and ask them to forward it

I also dont think the deposit can be used for rent. You really need to talk to cab. Deposit needs to be protected in scheme. No money can be taken from it without your agreement. Photo all the problems. Wonder if worth showing to council. I dimly remember something on saints and sinners or similar about council dealing with private renting houses which werent fit for purpose. Ll had to repair, house tenants in a hotel and their tenancy was ended.

You can contest the deposit but just know that it will take a while to resolve. You could use that as an argument.

I've checked and the deposit can be used to recover unpaid rent.

Thanks for the advice everyone.

I would have thought that offering to be out by Christmas, hand in keys and allow viewings in the meantime would be a pretty attractive offer. She might well waver the notice being one day late for that - especially if you say you wanted to post it to her yesterday but only realised when about to post it that you didn't have her address (and gently hint that legally you should have had it).

The deposit can indeed be kept to cover unpaid rent including notice you failed to give - that's the main reason landlords take deposits so I think you'd be best trying to strike a deal with her.

If there is no inventory then you absolutely should get your deposit back! The onus is on the landlord to prove the original condition of the property (inventory carried out properly and signed by both parties), otherwise they don't have a leg to stand on.

The landlord has to submit any claims on the deposit for damage etc. to the deposit scheme and the deposit scheme will ask for evidence, e.g. a proper inventory or photos.

Don't just give upeople on your deposit OP.

Thanks Pragmatic. I'm not really worried about her applying for damage deductions as there is no inventory, but because I'm serving notice late she could keep the deposit to cover the rent for the additional month she is legally entitled to.