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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6295
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hello, My landlord has given our house

Customer Question

Hello, My landlord has given our house share an eviction notice of six weeks. We have to move out by the 19th October 2011. There are 5 of us living in the house. It was my understanding that we have until the 19/10 to move out, and that we should be able to move out at anytime during the 6 week period of this notice. However, the landlord is now claiming that if we move out before the 19th we will have to cover the rent through our deposits until the 19th of October. So if I am moving out on the 6th of October (the day rent would be due if he hadn't evicted us) - I will still have to pay rent until the 19/10. Am I correct in thinking that I am entitled to move out at any time during this eviction and get my full deposit back if I move out on the day my next rent is due? I do not have a written tenancy contract and he is evicting us due to house renovations. I paid my deposit when I first moved (£432). I would greatly appreciate any clarification on this matter, and what procedures I should go through should he refuse to pay me back my deposit. Thank you for your time and help. Kind regards, XXXXX XXXXX
Submitted: 2 years ago.
Category: UK Property Law
Expert:  Thomas replied 2 years ago.
Hi Arielle,

Thanks for your question.
To enable me to answer your question could you please respond to the following using the same numbering:-
1. What fixed term for the tenancy did you orally agree with the landlord and when was this to finish
Kind regards.
Tom
Customer: replied 2 years ago.
Hi Thomas,

Thank you for your quick response.

We have no fixed term for the tenancy (my name was never on the contract as the landlord didn't add it to it - but two people who still live in the house are).

It was a one year contract that has now expired, so the contract rolls over monthly on the 6th of month I believe.

Kind regards,

Arielle

Edit / PS : It might be worth mentioning that the third house mate (whose name is XXXXX XXXXX the contract) gave her notice a month ago, hence why they are evicting us all now as well. I wouldn't be surprised if he asked to pay her rent until the 19th as well.
Expert:  Thomas replied 2 years ago.
Hi Arielle,

Thanks for your reply.

If the term of your original tenancy agreement has ended the tenancy becomes what is known as a statutory periodic tenancy, meaning that it runs from one rent period (eg. the week or month depending on when you pay) to the next but otherwise on the same terms.

This means that if your landlord wants you to vacate the property then he must serve a written s21 notice giving two months notice with such notice to expire at the end of a rent period, so it should expire on the 6th of the month.

If you want to leave the property then this means that you mustgive your landlord your a months notice to vacate (or four weeks notice if you pay on a weekly basis) and provided that the notice expires on a rent day (eg. end of the month) you will be able to leave.

The notice that the landlord has served is not the correct notice, so if you refused to leave then he would not be able to get a court order for eviction on the basis of the notice that he has served. However, you have not served notice either so you would not have to serve notice in order to leave without the possibility of the landlord suing you for rent and taking it from your deposit.

If you do accept the notice that the landlord has served then you would have to pay rent until the date at which the notice expires to avoid the landlord taking the difference in rent from you deposit.

Sorry it could not be better news.

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Kind regards,


Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6295
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Property Law Specialists are ready to help you
Customer: replied 2 years ago.
Hi Tom,

Many thanks for the quick response.

Could you clarify this for me please?

'However, you have not served notice either so you would not have to serve notice in order to leave without the possibility of the landlord suing you for rent and taking it from your deposit.'

So the landlord can effectively sue me for leaving on the 6th rather than on the 19th of October? Or on the contrary?

If he did keep my deposit, that would cover approx half a month's rent - so he would still have to pay me back the other half, right?

It's pretty appalling how this landlord has treated us (the house is falling apart, he never answered our calls whenever there was a leak etc), and ends up with my hard earned money! The UK really needs some better tenant protection laws :)

Thanks again

Arielle


Expert:  Thomas replied 2 years ago.
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