do i have to leave at the end of the month?

[IAmBooyhoo]

i rent privately, 1 year contract ends on 30th june. i called my landlord on thursday to ask what the penalty would be for breaking the contract early. (my son is having alot of trouble with children in the neighbourhood) i had viewed another house but had not applied as i wanted to see where i stood WRT my contract. landlord said she would speak to her partner but that as the contract didn't end til june she didn't think they (her and partner) would want to end it early. she called today to say that i could end the contract early with 4 weeks notice ( and said that notice started last thursday) and i would lose my deposit. then she told me that they have already advertised the property and that there were people interested and wanted to view the house. i told her that i haven't yet got a house to go to and could i let her know this evening.

i have since contacted the estate agent that the other 'possible' property is with and been told that it is no longer available. can i tell my landlord this evening that i no longer wish to terminate early and will stay for the full term? can they tell me that i have already given notice and have to leave after 4 weeks?

Unless you have formally handed in your notice the LL can't make you leave at the end of the month, don't let them bully you into that.

nothing has been done in writing. i called to see where i stood if i ended it early. she was to get back to me after speaking to her partner which she did today.

So get back to her this evening and tell her you have not yet handed in your notice and will be staying at the property until you give her four weeks notice.

Keep looking for another suitable place, and when one comes up then give your LL the four weeks notice.

But it might be wise to keep put until june as it's not too long away, keep your DS away from the kids that are giving him a rough time (unless it is at school too?) and move in june.

thank you, yes i think i will just hold on until june. i dont want to rush into another house and lose my deposit only to have made a bad decision and move again. i will tell her this evening, i am not giving my notice.

Check your contract.

There are strict rules about the return of deposits - these now have to be lodged with a tenant deposit scheme, so I presume your LL has done so. Any deductions from deposits have to be agreed between landlord and tenant - they can't be unilaterally imposed by the landlord. Don't let them get their hands on it!

It is often the case with assured shorthold tenancies that either party can 'break' the lease after the first 6 months without penalty providing notice is given. If theoretically you did want to leave, and gave the required notice, then they can't withold your deposit just because you've quit 'early'.

ok so i called LL and said i was going to stay until end of term (june 30th) she said they have people waiting to view the property this week and didn't want to let them down. i said that i was definitely staying til the end of term as i couldn't afford to lose the deposit and she said she would have to talk it over with her partner! surely if i say i'm staying then there is nothing to talk over? i do have a contract, tried to find it this evening but was in a rush so will look properly tomorrow. not sure if they put my deposit in a tenant deposit scheme.

i am in northern ireland if that makes a difference WRT deposit schemes or contracts etc.

If you haven't given written notice then there's nothing your LL can do to make you move out, other than evicting you and she would need good reason to do that before the end of your contract.

Something else that you may want to be aware of... after your contract comes to an end your tenancy automatically becomes a statutory periodic tenancy (google it). This means you can stay on after the end of your contract without signing a new one.

IMO it helps to put things in writing rather than have phone calls that can be disputed.

ok, thank you. i was looking at housing advice site for NI but it didn't really clarify anything for me.

PJ what should i put in writing? that i am not ending the contract? this is a genuine question, i am aware it comes across as sarcastic but i just want to be clear that i am doing the right things here.

Yes.

You could write something like

"I write to confirm that when I spoke to you on xxxday, I asked what the conditions would be for early termination. I did not give notice of termination. Neither have you given me notice to quit. Therefore unless agreed otherwise, my tenancy continues."

thank you that is a great help. do i have to receive an acknowledgment of the letter from LL for it to stand up in a legal sense?

not something I know. You can post it recorded delivery if you want. Business letters are best if they are very short and don't add extra topics.

If it is clear that no-one has given written notice of termination, their idea of sending prospective tenants round is not a goer, and they can't pretend that they think it is. You are not obliged to let any potential tenants into your home, nor are you obliged to leave early.

thank you. you've really helped me tonight.

so my landlord called back today to let me know it was ok that i stay to the end of the term but asked if she could bring a prospective new tenant round tomorrow evening to view the house as this person had other properties to view. i said no, that it was still my home until the end of june and that i didn't want to have to keep it like a showhome for the next four months (i have 2 small children and a hairy dog ). i said the last 4 weeks of the tenancy would be fine with me for showing people round. LL didn't seem happy about this. can i do that? or do they have a right to show people round whenever they want?

yes you can

no they can't

It is YOUR HOME and they are not permitted to interfere with your quiet enjoyment of it.

Once you've left they can do what they like.

thank you once again PJ. i hate renting.