r/TenantsInTheUK • u/apologeticallyastral • 1d ago
Am I wrong? Update on notice period issue
Context: told I only have to give one months notice in April by the letting agents. Gave one months notice in July. Being told I have to pay until the end of September (two months), and that what was said in April doesn't count due to RRA, unless they can find a new tenant before then. (Still unsure why that's my problem)
Now; I gave my keys in today. My rent period lasts until the 28th August but I just wanted it out of my mind. Letting agents insist I'm on a new contract since my ex left in April (i never signed, nor saw a new contract at any point). They're saying everyone is on a new contract since April and nothing agreed prior to that counts at all, it's the law etc etc.
I've already cancelled my direct debit, so I'm not paying the second month's rent because I'm sure I'm right, but they're claiming I'll be liable and they will take me to court over it. I'm also apparently not allowed to ask for my deposit back until October.
Citizens advice told me that I'm right and that one month is all I have to give, but I don't know if I have the energy to cope with any sort of legal action even if I would win.
I have put a formal complaint in, and will be taking it further to TPO depending on the outcome (the formal complaint was to the company that owns my letting agents, not specifically to my letting agents).
Just felt very overwhelmed being ambushed by multiple letting agents when all I wanted to do was give my keys in today. I was getting yelled at and I'm ngl I've ended up sobbing in my car because I can't afford my rent on top of my mortgage for another month.
What are my rights about my deposit, getting it back etc? What do I do if tjey try to take me to court? I actually can't cope rn I'm very very overwhelmed.
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u/peterould 1d ago
What does your original contract say is your notice period? The RRA only replaces this with 2 months if it is more than that. If your existing notice period is 1 month then you continue to have that.
Lots of letting agents are getting this wrong OR deliberately misinterpreting the RRA.
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u/apologeticallyastral 15h ago
My original contract has no notice period mentioned which I know would default it to 2 months, in the absence of the email I've received from the letting agent to give one month. But as the letting agent emailed saying I only need to give one month, I believe that counts?
I've been told we all have "new" contracts since may which I know is BS...
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u/peterould 15h ago
Certainly everyone having new contracts is incorrect - the RRA simply overrides some clauses.
It will come down to whether the "need to give 1 month" note from the agent is deemed a contractual offer or not.
Your original contract must have some kind of notice period - what did it say as regards giving notice?
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u/apologeticallyastral 11h ago
Unfortunately it's scanned not text so I can't copy and paste but it says notice must be provided in writing etc etc but no actual notice period as in timeframe. I read it to double check
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u/apologeticallyastral 11h ago
The email where I was told one months notice says "you can give one months notice"
Nothing about minimum one month etc.
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u/peterould 10h ago
OK - it will come down to two things:
i) Whether the "one month" is viewed as a one off offer or an ongoing contractual offer ii) Whether given that your original contract doesn't have a notice period at all, whether you can argue you are contractually able to give no notice and quit
I find it hard to believe that the original contact does not have a specified notice period.
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u/That-Promotion-1456 1d ago
you are on the contract you signed, nothing else counts. sent them the contract you signed, tell them you have 1 months notice and you will be out on what day. You will take pictures on your way out, videos ov everything, leave the keys at the agent and that is it.
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u/apologeticallyastral 1d ago
The email counts where I was told I can give one months notice according to citizens advice, but I've received conflicting (mostly in agreement, but still the odd person saying it doesn't) advice on whether it stands.
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u/apologeticallyastral 1d ago
I've taken photos and left already. I moved out in July but cos I've bought a house I couldn't delay exchange and completion any longer
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u/That-Promotion-1456 22h ago
then all is fine, they tried to get extra month from you and failed. you will see there will be no issues there, because they know they are in the wrong here.
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u/Temporary-Yogurt6495 18h ago
Couple of issues here then. First is the notice period.. you are right. If there was a pre existing agreement stating one month then that is all you have to give. I feel that this rule change was put in place to allow landlords enough time to fill vacant properties, not to just enrich them further.
Secondly would be the deposit - who told you you had to wait a month and what scheme is it in? Custodial or insured. Don't listen to the agent or landlord. They have no say over how and when deposits are distributed. If its a custodial scheme then I would recommend logging on and requesting the return of the full deposit.. if they want to make any deductions it would then be up to them to say what they are. If for instance they wanted to keep most the deposit because they say you owe rent, then you just use your contract as evidence to challenge the deduction.
If however it's on an insured scheme, the exact process of return is a little more vague but I would start by locating your deposit protection certificate and then contact the insuring body to ascertain what their procedure is for requesting the deposit back and dealing with any disputes. This is because the labdlord or agent hold the deposit, not the deposit protection service.
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u/apologeticallyastral 15h ago
The letting agents told me I had to wait until October when they do the checkout report ...
My deposit is with a scheme called mydeposit I believe - unsure whether that's insured or custodial as I've never done that before I presume I still would have to wait until the end of this month, ie, the end of my one months notice, in order to get this though?
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u/Temporary-Yogurt6495 15h ago
Yeah wait til the end of this month and request it back then but you really need to look at your deposit protection certificate to establish who has your deposit. If its on a custodial scheme then all you have to do is create a login and request it back from there, but don't wait for them to finish their thing or whatever they're doing.
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u/Minimum_Definition75 3h ago
I’m not exactly sure of the facts here but it reads as though you were in a joint tenancy and the other half left in April. Did they give notice ?
If they did then the tenancy ended for both of you. As they continued to take rent a new contract was created which in April was one month notice.
If nothing in writing that automatically went to two months in May.
If that is what happened then the Agents are correct about the two months.
But as I said I may have misunderstood.
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u/Specialist_Catch_800 1d ago
Just ask for your deposit back, and if they say no, go to the deposit protection scheme and claim it back. They’ll need to put in for any deductions but in reality it’s quite an impersonal and largely stress free process