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tc88
27-01-2009, 21:55 PM
My wife's sister's previous landlord gave them two months notice to leave his property. The 6 month assured tenancy had lapsed and was on the standard 1 month rolling notice period (tenant). They found new a new property to rent and left for this new property after 1 month of the "notice to quit" from the ex-landlord. Now this landlord is withholding the deposit because they did not stay (within his notice period) for the two month notice period he gave.

This does not sound correct as the notice period was in the direction of landlord to tenant. Does he have a right to withhold a deposit in this case. Any help would be appreciated?

Mrs Jones
27-01-2009, 22:49 PM
When the tenancy is periodic, the landlord is required to give a minimum of 2 months notice and this he did.

During a periodic tenancy, tenant is required to give one month's notice to end on a rent day but it appears from OP's posting that the tenant simply left after one month without giving any notice.

Landlord is entitled to receive rent to the end of the notice period he gave since the tenant did not give notice at all but simply left a month early.

Poppy
27-01-2009, 22:58 PM
Did the tenant leave without contacting the landlord?

tc88
27-01-2009, 23:28 PM
Thanks for the replies.

They left at the end of the first month of the landlords notice period and paid rent until this date. They gave notice they were leaving on this date to the landlord two weeks prior, so two weeks into the notice period effectively.

Lawcruncher
27-01-2009, 23:31 PM
The question is discussed at length in this thread: http://www.landlordzone.co.uk/forums/showthread.php?t=16242

(In fact we are still discussing it.)

tc88
28-01-2009, 00:02 AM
Thanks Lawcruncher. Just read through and I see this is not cut and dried. I guess the least they can expect though is to be charged for half the notice period, as they left two weeks after informing of their end date and not one month.

PaulF
28-01-2009, 09:34 AM
Depends on the day rent was due, not when Notice was served

daisy124
28-01-2009, 10:29 AM
If they did pay all the dues and left the home on time regarding notice period then no need to be controversial.

Mrs Jones
28-01-2009, 16:06 PM
Thanks for the replies.

They left at the end of the first month of the landlords notice period and paid rent until this date. They gave notice they were leaving on this date to the landlord two weeks prior, so two weeks into the notice period effectively.

But the law says that tenant should give landlord 1 months notice to end on a rent day - they did not - so the landlord is entitled to receive his rent to the end of the 2 month period of his notice for possession.