How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Your Own Question

Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6660
Experience:  BA (Hons), PgDip, Practising Solicitor
28732269
Type Your UK Property Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

I am a tenant in a property. My initial rental agreement ran from April 2009 to April 2010

Customer Question

I am a tenant in a property. My initial rental agreement ran from April 2009 to April 2010. Before a new contract was signed we decided to move out. In the initial contract the notice was 3 months. Because the contract was not renewed I was under the impression that it was now a rolling contract and only 1 month notice was required. The landlord wants to withold the deposit on this basis. The landlord increased notified me of a rental increase 2 weeks before the agreement expired, although this was not the reason we decided to move out. Nevertheless I paid the increase.
Submitted: 4 years ago via Tenancy Agreement Service.
Category: UK Property Law
Expert:  Thomas replied 4 years ago.

Hi,

 

Can you confirm if this relates to a residential lease or a lease of commercial premises please.

 

Can you please also confirm the date the tenancy term expired and the date you actually moved out?

 

Thanks.

 

Tom

Customer: replied 4 years ago.
Hi Tom

Residential Let.

Tenancy ended 5th April 2010, nothing further was signed. Still in Property, paid up to date. Gave notice last week of intention to move out 5 June.
Expert:  Thomas replied 4 years ago.

Right, and does your rent period run from 5th of each month to the fourth of the following month?

 

Please also state the precise date upon which you served your notice to vacate.

 

Tom

Customer: replied 4 years ago.
Hi Tom

Yes, I think that's correct. I pay a month up front on the 5th of every month. Basically the official written agreement has lapsed, but I've continued to pay as I should. I need to know whether I am within my rights to offer a months notice, or do I still need to give 3 months as stated in the written agreement that ended on 5th April.

My deposit is held in a deposit protection scheme and I suspect the landlord will not release it.

I sent him an email on May 10th indicating that I would move out in a months time.

Chris
Expert:  Thomas replied 4 years ago.

Hi Chris,

 

Okay.

 

You are now occupying the property under a statutory periodic tenancy, this means that the tenancy continues from one rent period to the next (ie. from 5th - 4th in your case) but otherwise on the same terms.

 

This means that he will not be able to enforce the three month notice period on you. However, in order for you to give a valid notice to quit the stat periodic tenancy you must give it to him in writing, with at least one month before it expires and must end at the end of a full rent period (ie. 4th). If you served the notice in effect on the 10th then you have not given a valid notice. You should therefore serve a further notice to vacate on him with such notice to expire on 4th of June.

 

He would be entitled to withhold an amount of the deposit equal for the extra month but not for the 3 months in total for his three month notice period.

 

If this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

 

Kind regards,

 

Tom

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6660
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 3 other UK Property Law Specialists are ready to help you
Customer: replied 4 years ago.
HI Tom

Thanks for that. I was under the impression I was occupying the property under a statutory periodic tenancy, so that confirms what I thought.

I'm not totally clear on the serving the notice.

Am I correct in understanding that if I serve official notice today that I am ending the statutory periodic tenancy, I am liable for paying rent until the 4th July? I am fully paid until 4th June. Or am I merely liable for the rent from the 4th of June to the [say] 11th if I serve official notice today?

Thanks for your help

Chris
Customer: replied 4 years ago.
ps

the deposit is equal to a month and a half rent, so is he entitled to 1 month of that?
Expert:  Thomas replied 4 years ago.

Hi Chris,

 

Thank you for your accept and kind bonus.

 

If you want to end the tenancy as soon as possible then you should serve a written notice on him asap (but certainly before 5th June) stating that you are giving him notice of termination of the statutory periodic tenancy and the notice shall expire on 4th July being the end of that months rent period. You will have to have paid rent until this time.

 

If you are paid until 4th June then the rent for the period 5th June - 4th July would still be payable by you and you can agree with your landlord that this should be deducted from the deposit if he is willing to.

 

A sundry point, but do you know if your deposit was lodged in a tenancy deposit scheme?

 

Tom

Customer: replied 4 years ago.
Yes the deposit is held in a scheme.

Any advice what is the best course of action? The trouble is that I am due to move to a new place in early June so it looks like I am going to be paying rent on two places. Obviously would like to avoid this if at all possible.

The other option is to leave it up to the arbitration service of the deposit scheme?
Expert:  Thomas replied 4 years ago.

There's very little you can do given that the notice you served at the end of last week is not valid.

 

If you can agree what should be deducted from the deposit with the landlord then there is no reason to use the scheme's dispute resolution process, which could result in a delay in the return of the deposit monies to you.

 

Good luck.

 

Tom

Customer: replied 4 years ago.
Hi Tom

Hope it is ok to still contact you through this.

I have just called the deposit protection scheme that my landlord specified was holding my contract. They have no record of the deposit.

Firstly, obviously if my landlord has protected the deposit he can be taken to court

But a more like scenario I suspect is that it might be held in a different one. If he has supplied me with incorrect details is this significant?
Expert:  Thomas replied 4 years ago.

Chris,

 

It's fine, it's what you pay for after all.

 

He should have sent you details of the scheme, including a specific reference number for the deposit shortly after you occupied the premises. If he has not supplied you with the correct details but has deposited the scheme then this will not prejudice his rights significantly, you can make some noise about it and attempt to use it as leverage but he's likely to see through it.

 

The key is establishing if the deposit has actually been deposited in a TDS, specifically request in documented form (email, or possibly text) the reference number and scheme provider.


If he has not placed it you can apply to Court for the return of the whole deposit and a fine payable by him to you of three times the deposit amount. Plainly, you could use this as leverage, but you may just prefer to commence action for the fine and the deposit if it is (presumably) greater than the extra month's rent you will have to pay as discussed above.

 

Kind regards,

 

 

Tom

Customer: replied 4 years ago.
Hi Tom

Just found out that he only lodged the deposit with the DPS last week.

Where do you think we stand with this if it goes to ADR? Are they likely to rule in our favour given he has deposited the money outside the 14 day period?

Chris
Expert:  Thomas replied 4 years ago.

Hi Chris,

 

The scheme's dispute resolution doesn't deal with the return of the deposit and fine from the landlord. The only deal with disputes about the deductions from deposits lodged in the scheme.

 

If the landlord as lodged the deposit about three weeks later than required then you may have a case for the return of the deposit, maybe the fine as well but this is more open to argument based on the relatively small lapse in time from the required deposit date.

 

You can certainly use it as leverage in your rent dispute issue and I would put that to the landlord. If he doesn't modify his position as to see a local landlord and tenant solicitor for a free/fixed fee appointment about possibly making an application to Court for the return of the deposit and possible claim for the fine as well.

 

Good luck.

 

Tom

Customer: replied 4 years ago.
Hi Thomas

Deposit is now help in DPS, but he won't agree to using the ADR service to release it. My next move will have to be the courts to get it back.

Have you any advice - what are the steps?
Expert:  Thomas replied 4 years ago.
THIS ANSWER IS LOCKED!
You can view this answer by clicking here to Register or Login and paying $3.
If you've already paid for this answer, simply Login.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Joshua

    Lawyer

    Satisfied Customers:

    4433
    LL.B (Hons), Higher Prof. Dip. Law & Practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4433
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/TO/touchwoodsden/JA.64x64.jpg Law Denning's Avatar

    Law Denning

    Solicitor

    Satisfied Customers:

    2289
    PGD Law. 20 years legal profession, 6 as partner in High Street practice
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    2244
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Lawyer

    Satisfied Customers:

    1198
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    809
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/AJ/ajlaj01/2012-5-9_14051_Profile1.64x64.jpg Alex J.'s Avatar

    Alex J.

    Law

    Satisfied Customers:

    400
    LPC, 2 Years Conveyancing
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    212
    Barrister 17 years experience
 
 
 
Chat Now With A Solicitor
Thomas
Thomas
1293 Satisfied Customers
BA (Hons), PgDip, Practising Solicitor