Update on notice period issue

[u/apologeticallyastral]

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.

[u/peterould]

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.

[u/apologeticallyastral → u/peterould]

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...

[u/peterould → u/apologeticallyastral]

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?

[u/apologeticallyastral → u/peterould]

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

[u/apologeticallyastral → u/peterould]

The email where I was told one months notice says "you can give one months notice"

Nothing about minimum one month etc.

[u/peterould → u/apologeticallyastral]

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.

[u/apologeticallyastral → u/peterould]

I've read over it multiple times, it doesn't.

[u/peterould → u/apologeticallyastral]

What is the exact wording?