UK Property Law
Ask an UK Property Law Question, Get an Answer ASAP!
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?
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.
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.
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?
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.
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.
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.
If you are at the point of issuing I think you should take some specific advice on this from a landlord and tenant solicitor on the particulars of your claim. They will be able to provide you with a bespoke appraisal of your claim and claim form.
You can use www.moneyclaim.gov.uk to issue yourself but you should really consider taking specific advice first.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).