End of tenancy notice

[D456]

I’m currently renting a flat from a private landlady. I’ve been here 11 months and my fixed term ends next month.

My landlady contacted me two months ago and told me that my two options were to move out and give 1 months notice, or to sign a contract for another year. Over the year I have had various problems with the flat (leaks, mold, awful neighbours) which have severely affected me and my baby. I told her I wasn’t happy to sign another year contract as my current contract said at the end it goes to periodic. Although I had intended to move out anyway due to all the problems I have had and her bitterness whenever I have mentioned these.

She then said as I wouldn’t sign another contract she was going to evict me. Bearing in mind I have been a very good tenant, always paid, an very quiet etc I felt like I was being blackmailed, but I agreed that if she wants to do that then I will look elsewhere.

She then told me that she has changed her mind and would accept a perilous tenancy but because I had planned to move anyway I found another property, and started going ahead with this.

I asked her for a reference and she said only if I pay her £50. I had no other choice so I had to pay this, so she was aware I was moving out.

I gave my one months notice last week via text and got no response. I then checked the tenancy agreement and it said to provide written notice, so I wrote a letter of notice and posted it to the address which was given for hers on the tenancy agreement. The address given is in fact my address (a block of flats) but she has a mail box next to all the tenants downstairs, so I put it in the letter box.

I emailed her as had no response and she said she won’t accept my text as valid notice, so I will have to provide another (but she left it until a week to tell me this) so now it has gone into the next eviction notice period, meaning I will have to pay another £800, while not being in the flat as I have the other property to move into.

She has been an awful landlady. Just wondering where I stand with this. I have a copy of the notice I posted through the letterbox but as it’s downstaira I did not send it. I have a feeling she is going to say she hasn’t received it when I have given it to her so that she can get another months money out of me (she is very much like this).

I have also found out from another tenant that she is in Spain and so even if I was to hand it to her in person I couldn’t of (as she’s not in the country and hasn’t given me her home address).

Do I have any leg to stand on??

Also, I have noticed that she has not given me the tenancy deposit receipt/certificate. She has protected it as I checked online, but isn’t it against the law to not provide me with the certificate?

If anyone has any advice I would really appreciate it!! I’m so worried she is going to try and take all my deposit saying that she never received my notice.

Thank you!!

Do you need to give notice on a fixed term tenancy? Does it not just end at the end of the fixed term?

This tells you what to do at the end of your tenancy. You need to read the tenancy agreement, which will say if you need to still give notice of your intention to leave at the end of the fixed period. What it boils down to is that unless it says you must give notice, you need not.

I have read the tenancy agreement and it does state that 1 months notice in writing is needed. This is what I have given but she is saying I haven’t so that I am forced to stay another month and pay.

posting it in her letterbox is giving her one months notice.

This is the problem I’m having, as I know I posted it (her letterbox is outside my flat) but from the emails she’s sending me it seems like she is going to say she never received this so that she can get more money from me. I am going to refuse this, however she has my deposit and I know she is going to take me to court to claim this saying I haven’t given notice. Will I have a leg to stand on in court? I have no proof of sending it as it was hand delivered and she has no proof of it being delivered?

Do you have a dated copy of the letter?

I hand wrote it and wrote a copy for myself as well, it was dated but could she not attempt to say I wrote this after the cut off for giving notice as she is in Spain so still hasn’t received it and is emailing me saying she doesn’t believe me?

As long as you leave on the last day of your fixed term, you don't have to give notice. If you stay one day over, you'll have to give a month notice. Give shelter a ring and confirm

I have spoke to shelter and they have said the way my tenancy agreement is written, which it states a months notice is required, I would definately have to give notice. My tenancy agreement is Ann initial one year but doesn’t exactly use the word as ‘fixed term’, so unless I am wrong I don’t believe I can just leave. This is why I have the notice, but now am being accused of lying.

Is the letter still where you posted it? Did the LL go to Spain before you posted it?

Take a photo of the letter, and of her mailbox (As this matches the address for your LL on your tenancy agreement), and email them to her, saying as per your initial letter dated XX-XX-XX and posted to (her address), the final day of your tenancy will be XX-XX-XX. Thank her for her assistance as your LL, and request the return of your tenancy deposit (include the ref number with this, too).

Also take photos of the place when you leave, to act as a 'check-out' itinerary.

You have acted as per the terms of your agreement and sent your notice in writing to the LL's address. It is your LL's responsibility to collect her mail and/or have it sent out to her (of course, as you've hand posted it you don't know that she doesn't have a redirection in place, so you could also send it again but this time post it properly, same dates as the original).

Notice can also legally be accepted by email as a 'written' form.

I think its arguable that a text is putting the notice in writing. In addition, whether the landlord received and read the letter of notice is irrelevant provided it has been left at the address identified as her address in the tenancy agreement. Also you should have been served at the beginning of the tenancy with an epc, how to rent booklet, gas sc and notice as to where the deposit was held. Her failure to carry out her statutory duty wouldn't look to good even in a small claims court. Personally I think you will be fine to leave at the end of the notice period without ramifications. Once you've left it might be useful for you to tell your landlord about her breaches of statutory law. That should focus her mind on not risking further action because if she did issue proceedings to recover the rent she erroneously believes is owing, you can counterclaim for up to 3 times the monthly rental and would in all likelihood be successful.

I believe she went to Spain before I posted, and will not be back until next week so even if she was here, she would not have seen it on the date I posted it in the letterbox. I have checked and it is still in the letterbox.

I will do as you have said above, thank you for your guidance!!

As I have another property set to move into I cannot stay here any longer, hence giving my notice ao I have no option than to move out and do as you said to take pictures etc.