Lease expired 2 months ago in unhappy houseshare - my options?

[TopTenant69]

Hi Guys,

I was wondering if anyone can advise me on my current situation.

* I moved into my room in summer 2009 signing a 6 month lease with break option at 3 months and 1 month notice clause.
* My room is in a 4 bedroom house with 3 other people living there and landlord lives elsewhere.
* There is no agent involved.
* My rent is all inclusive.
* My lease expired in February 2010 and there was no contact from the landlord to sign a new one/or extend.

I'm not happy in this houseshare due to the other housemates and have been looking at other rooms but not found anything suitable.
So therefore I didn't chase up the landlord to sign/extend the lease but have been paying the rent on time each month.

A new housemate issue has come up and I may have also found another room which is available immediately. Therefore I don't want to miss out on this opportunity to escape :)

My questions are;

1. Since there is no 'current' lease in force, can I just contact the landlord and surrender the room without notice (and move out), before the next rent payment is due on 18th April 2010?

2. Will I receive my protected deposit back in full if I do this? (the room is in perfect condition - actually better than when rented as I did some decoration and furnished it - landlord at the time complimented me on what a good job I did)

OR

3. What is the correct course of action in my situation?

Your advice greatly appreciated.

Thanks,


M.

[Snorkerz]

You can not leave without notice (well you can - but you have to pay until your notice date). You must give one months notice (presuming you pay rent monthly) and your eaving date must be the same day of the month as your original AST expired.

If you leave without giving notice, your landlord will be able to deduct the rent due from your deposit.

I am guessing your original AST ran out on the 17th Feb, if so, the correct course of action is to give written notice before 17th April that you will be leaving on 17th May.

[westminster]

My questions are;

1. Since there is no 'current' lease in force, can I just contact the landlord and surrender the room without notice (and move out), before the next rent payment is due on 18th April 2010?
The fixed term has expired, but you do, nevertheless have a 'current' tenancy contract. When the fixed term of an assured shorthold tenancy (in England/Wales) expires, and the tenant stays in occupation, then a periodic 'rolling' tenancy is automatically created (exact same terms as the original contract except for notice periods).

Legally, as snorkerz says, you must give the LL at least one month's written notice to end the tenancy, and the notice must also expire at the end of a rental period (i.e. on the 17th May, assuming the last day of the fixed term was the 17th and rent is due monthly).


2. Will I receive my protected deposit back in full if I do this?
If you do not pay rent up to the end of the correct notice period, and the tenancy agreement states that LL may deduct debts for rent from the deposit, then no, you won't get all the deposit back. Even if the contract does not allow LL to deduct for arrears, he can still bring a county court claim against you.

[TopTenant69]

Thanks for your responses.

I was hoping that the fact the LL hadn't pursued to renew the lease it would be seen as an acceptance that they are relinquishing the right to enforce any t&c's they had put in force in the original lease. ie required notice but the rental would continue to roll over, as long as monies are paid.

Oh well, time to prepare my letter.

M.

[jeffrey]

1. Was there:
a. one fixed-term letting of whole house to several people jointly; or
b. one letting per room/person?

2. Either way, anyone (yes, even if option a applies) can thereafter terminate the statutory periodic tenancy.

3. If rent is monthly, T's Notice To Quit must:
a. be at least a month long; and
b. expire when a periodic tenancy month expires.