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Dishonest Landlord

  • 22-09-2010 6:29pm
    #1
    Closed Accounts Posts: 44


    Hi,

    I moved into an apartment in Belfast at the beginning of the year, the 20th of January to be precise. I gave the landlord the required deposit of 120 pounds. I signed a lease of 9 months. At the end of Febuary the landlord requested I move to another house up the street, which he owned because he had renovations to do to the house I was living in. I moved to the new house and lived there till now. Today I went to the landlord requesting my deposit back because the contract had expired, which she refused claiming that I needed 1 months written notice in advance. I was taken aback by this. I assumed that once the contract had expired that I was then entitled to my deposit back. I have no recollection of her telling me that I needed 1 months written notice.

    What should I do?


Comments

  • Registered Users, Registered Users 2 Posts: 1,102 ✭✭✭am i bovvered


    Firstly change the title of your post..... its incorrect.
    Secondly give her a months notice in writing.

    http://www.landlordzone.co.uk/notice_to_quit.htm
    Residential tenancies are now in the main Assured Shorthold Tenancies where there is an initial fixed-term of say, 6 months or 12 months, followed either by a new agreement for another fixed-term, or in its absence a Statutory Periodic Tenancy.

    A periodic tenancy automatically follows the fixed-term if the parties do nothing (i.e. they do not sign another agreement) and the tenancy will be on the same basis as the original agreement, with all the same clauses and conditions being operative.
    Notice by Tenant

    Where the tenancy has become a Statutory Periodic Tenancy (where the fixed-term has ended and no new agreement signed for another fixed-term) the tenant must give the landlord notice if he wants to leave:

    The notice must be in writing
    It must be delivered at least 4 weeks before the notice period ends or 1 month if rent is paid monthly

    It must bring the tenancy to an end at the end of a full rent period.
    The notice period must end at the end of a tenancy payment period: for example, if the rent payment date is on the 20th of each month, the notice period must end on the 20th of the month or the 19th to be on the safe side.

    The tenancy agreement cannot change these basic rules, 4 weeks being the minimum notice period. However, if the tenancy period is more than 4 weeks, for example, one month, then the notice period is one month.


  • Closed Accounts Posts: 44 death wish


    did she not breach the contract by getting me to move to another house before that contract even expired?

    the title stays


  • Registered Users, Registered Users 2 Posts: 798 ✭✭✭Scarab80


    Er, don't you have another month left on your lease?

    9 months after 20th January is the 20th October.


  • Closed Accounts Posts: 44 death wish


    Er? YA.
    does the lease still apply since i moved from that house in feb?


  • Registered Users, Registered Users 2 Posts: 1,102 ✭✭✭am i bovvered


    death wish wrote: »
    At the end of Febuary the landlord requested I move to another house up the street,

    The landlord asked if you would move , you agreed.


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  • Registered Users, Registered Users 2 Posts: 4,788 ✭✭✭ztoical


    death wish wrote: »
    Today I went to the landlord requesting my deposit back because the contract had expired, which she refused claiming that I needed 1 months written notice in advance. I was taken aback by this. I assumed that once the contract had expired that I was then entitled to my deposit back.

    have you moved out?

    Did you not make arangments to return the keys and after the landlord checked there was no damages beyond normal wear and tear and you showed proof of no out standing bills have them [he or she you seem confused on that point] arrange the return of the deposit?


  • Registered Users, Registered Users 2 Posts: 798 ✭✭✭Scarab80


    death wish wrote: »
    Er? YA.
    death wish wrote:
    Today I went to the landlord requesting my deposit back because the contract had expired

    ??
    death wish wrote: »
    does the lease still apply since i moved from that house in feb?

    Unless you modified the original lease in writing then you are both still bound by that lease, you can demand to move back to the original property and the landlord can demand you to complete the lease term.


  • Registered Users, Registered Users 2 Posts: 13,237 ✭✭✭✭djimi


    You have a month left on your lease. Write to the landlord and inform them that you will be leaving at the end of your lease.


  • Closed Accounts Posts: 37 triskellion


    Your landlord appears to have behaved appropriately.
    Provide them with the months notice in writing. Make sure the place is clean, the inventory (if one was provided) matches up with what was there when you moved in, rent is paid up to date and utilities are discharged when you vacate.
    They will then inspect the place and presuming all is in order you will get your deposit back. You should then ask for a good reference for your next place.


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