Tenant notice to quit – very confused, please help

by Readers Question

21:38 PM, 23rd February 2015
About 4 years ago

Tenant notice to quit – very confused, please help

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Tenant notice to quit – very confused, please help

I am a tenant with a technical question about notice to quit. I would be very grateful if you could help to answer my question please? Tenant notice to quit - very confused, please help

I have been served a section 21 which expires 15 April (I am on a periodic tenancy that runs from 16-15th of each month). In actual fact the 21 notice is not valid because the deposit is unprotected, something I have pointed out to the landlord and agent but they are ignorant of the law and do not believe it/want to believe it. However, this is not a question about deposits/prescribed info/section 21 since I do wish to leave before then even if I don‘t have to, if only to avoid an unpleasant cold war, my question is this;

Since I have been served notice (forgetting for now whether it is valid or not), do I also in turn have to serve 1 month notice to the landlord if I want to leave on 15 April or even before then? If so, I understand that tenants need to give 1 month notice that falls on the last day of the rental period (if relevant our tenancy agreement is the law pack 1 page agreement you buy at WH Smiths). If I am not mistaken, this means that I cannot serve to leave before 15 April because I have missed the “deadline” to serve on 15 February to leave on 15 March.

Am I correct in thinking that I can only give notice to leave on the 15th of the month? I know that recently there was that Spencer versus somebody case where on the landlords side they have now ruled that the 2 months notice can start from any day when the tenancy is periodic. Tenant notice to quit - very confused, please help

Thanks for any advice on whether I am forced to stay until 15 April or could, for example, serve notice on 28 February to leave on 28 March?

Normally of course one would just ask the landlord but communication with this particular landlord has become impossible, same with his agent. They are ignorant of the laws and borderline harassing, e.g. saying they can let themselves and builders in with their keys without our permission, repairs left unresolved for months etc . And no, in case you are wondering, there have never been any rent arrears or breach of TA on our part, but to sum up, my question is about the ins and outs of my notice to quit.

Thanks

Laura Lisa



Comments

Mark Alexander

21:43 PM, 23rd February 2015
About 4 years ago

Hi Laura Lisa

The case I think you are referring to is Spencer vs Tatlor but that doesn't really help you.

When would you ideally like to move out?

Are you aware that you can claim your deposit plus up to three times your deposit in compensation given the circumstances you have outlined? If so, do you want to make the claim or do you just want to leave?

If it is the latter, just leave and if your landlord doesn't like it and makes a claim against you threaten to counter claim.

If you plan to play hard ball then just put your claim in against him now and then negotiate from a position of strength. You don't have to wait until you are out to make the claim.
.

lisa redford

17:26 PM, 24th February 2015
About 4 years ago

Many thanks for your reply Mark. Yes, I am aware of the possibility of claiming for the deposit plus 1-3x deposit value. I am not ruling this out but ideally would like to wait either I have left or have confirmed a new property. This is is because I am living with a family member who is dealing with serious medical issues and for their sake I would rather avoid the stress of litigation while we actually in this property. I happen to be dealing in this instance with a very difficult and irrational landlord who knows nothing about the law, aided and abetted by their agent. It is the first time it has happened to me since so far I have always dealt with reasonable landlords.
When I would like to leave: possibly in the second half of March (rent is paid til 15 so I dont want to leave before). However I believe that in that case I I wouldn‘t be able to follow to the letter a notice that gives a minimum of 1 month notice ending on last day rental period (for example if I left on 25 March and gave notice on 25 February). I would in any case intend to pay rent for every day I am here.
I will think about your suggestion of leaving without giving enough notice and then if they tried to claim I could counterclaim for non compliance with deposit regulations. Thanks


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