Notice required for expired contract letting?

cloudy · 4 Mar 2010 at 13:12

I'm looking to move out of my rented house, having been there about 5 years. I privately had yearly contracts with the landlord with notice of 2months, however the last 12months contract expired a few months back and neither of us has renewed or signed anything further...

I need to give 1 months notice to be able to move in with friends, but the landlord is insistent I give 2, where do I stand legally (and what chance has he of holding my deposit?)

James

Swifty55 · 4 Mar 2010 at 13:41

If no contract is in place then you are not legally bound, so 1 months notice is fine.

Your deposit should be in a DPS and only taken if any repairs are required.

cloudy · 4 Mar 2010 at 13:43

I think it's held by him not a DPS (this was before those laws came in I think??) So if he tried to hold my deposit in payment for the 2nd months notice what could I do?

Amnesia · 4 Mar 2010 at 13:46

legally you only have to give 1 months notice, it's him who would have to give you 2 months notice if he wanted you to move out.

dsb · 4 Mar 2010 at 13:46

not pay him your last month?

cloudy · 4 Mar 2010 at 13:47

Amnesia said:
legally you only have to give 1 months notice, it's him who would have to give you 2 months notice if he wanted you to move out.

Do you have a source I could quote him?

(and have just paid this months rent a few days ago...)

James

Swifty55 · 4 Mar 2010 at 13:49

Threaten him with legal actions. My brother had the same problem as you, then landlord tried to keep his deposit and make him pay an extra 1 months rent, the landlord lost.

Have a read of this;

http://www.direct.gov.uk/en/tenancydeposit/index.htm

RiPz · 4 Mar 2010 at 14:05

Your fixed term tenancy contract probably had an extension clause in it, whereby after your fixed term is over you moved onto a rolling month by month contract, if this is the case, you may still be bound by the terms of the contract regarding notice periods. (I believe that this is common practise with tenancies)

Your deposit should have been placed into a deposit protection service retrospectively after the DPS laws were passed.

cloudy · 4 Mar 2010 at 14:14

I will have a close look at the contract tonight, though I don't recall any extension clauses...

James

Liquidfox · 4 Mar 2010 at 15:34

cloudy said:
I think it's held by him not a DPS (this was before those laws came in I think??) So if he tried to hold my deposit
in payment for the 2nd months notice what could I do?

Check your contract, it should mentions what happens after the initial contract is up.

That doesn't seem to matter from what i've read on the direct.gov website. ALL deposits must be protected by the sounds of things. Ring CAB and then take him to court and get 3x your deposit

EDIT: Ignore that, it only applies if you renew your deposit after 6th April 2007

Swifty55 · 4 Mar 2010 at 16:06

Surely the deposit is renewed when the contract is?

cloudy · 4 Mar 2010 at 16:36

Agreed, maybe I should just agree the 2months, and take him to court for 3, The fine applies even if it is protected but has not informed the tenant (he hasn't)

James