Help with correct way to give LL notice to quit

[indigo_child]

This may seem a little basic, but after reading previous threads and sticky's i cannot find what im looking for..... basically I am about to go into battle with a LL that is essentially Janine Butcher and need to do everything by the book so there are no loop holes for her to climb through.

 

I am about to terminate my short-hold periodic tenancy agreement after just over 5 years living in my current address due to my pregnancy (which she does not know about, although i think she or her family members have been in my room without permission so may well do) and the fact her behaviour has been appalling during my tenancy (it is now causing me and my flat mates so much stress we are moving out earlier than we would have done and have done). Thankfully my contract ran from May 07 so I am in theory protected by a deposit protection scheme. However she is an aggressive and erratic woman who likes to use bullying tactics to intimidate her tenants and generally has little respect for their civil rights (i have seen it, and been victim to it several times myself). Hopefully after I have successfully moved out and reclaimed my deposit I will be able to report her to an appropriate body regarding her behaviour and actions which I do not think have been entirely legal (however thats another storey for later maybe).

 

Can anyone advise me a template letter or information which I have to include to her in a letter to terminate my tenancy so I do it correctly. I also wish to include a section challenging her ridiculous attempt at a rent increase that she is demanding with 2 weeks notice (i know she cant do this as its not in compliance with current law but would be grateful to know how to politely put it...)

 

cheers!

[mariner51]

Can you say whether you & flatmates have sep ind Ts for room only & shared facilities.

Are all Ts wishing to vacate

Does LL live in the premises?

Was your tenancy contractual or assured shorthold

When/if did it become SPT

Did LL serve a s13 for rent increase or how was the proposed increase phrased

Have you checked with the 3 deposit schemes that your deposit is secured.

 

Serving correct notice is not easy without further T details.

[indigo_child]

Hello Mariner51, and thank you for your speedy reply.

 

The answers to your questions are as follows:

 

1. Can you say whether you & flatmates have sep ind Ts for room only & shared facilities - yes we all have separate contracts.

 

2. Are all Ts wishing to vacate? - There are 3 of us. Myself and one other flat mate will be leaving, although I will be the first to go.

 

3. Does LL live in the premises? - No she does not, and never has.

 

4. Was your tenancy contractual or assured shorthold? - my tenancy was an assured shorthold tenancy.

 

5. When/if did it become SPT? - After the initial period of 6 months it became a SPT on 1st Nov 2007.

 

6. Did the LL serve a s13 for rent increase or how was the proposed increase phrased? - No she did not she left a letter in the house which says:

 

"I wish to inform you that your rent will be increased as from 1st August 2012 by £30.00 per month, bringing your monthly rent to £X per calender month.

 

This increase only brings your rent to current prevailing prices to premises similar to yours. Your last increase of £10.00 was in December 2008."

 

7. Have you checked with the 3 deposit schemes that your deposit is secured? - No I have not (classic mistake on my part), although I do remember her mentioning it when I signed the contract and I believe it is the law as from April 2007 to have done this.

 

 

More worryingly I read and reread my tenancy agreement this lunch time....it does not appear to be standard now I have done a bit more home work.... Specifically there are a few clauses I am worried about as if they are binding they basically take away my normal tenancy rights.....

 

1. "To permit prospective tenants of the Premises (defined as my room in this case) in the company of the LL or its duly authorised Agent during the last four weeks of the Term to view the Premises. For the avoidance of doubt the tenant acknowledges the right of the LL or its duly authorised agent to gain access to the Dwellinghouse (defined as the entire property in this case) excepting the Premises at all reasonable times without prior notice"

 

Every time someone moves out she basically gives no notice to the person whos room it is or other tenants that she is bringing a prospective tenant to view it. Its a massive invasion of privacy. However after rereading the clause does it appear that she is only allowed to gain access to the communal areas and not my room without the correct notice period of 2 days?

 

2. "To pay a deposit of £X. On the signing herof to the LL to be held and used by him against dilapidations non-payment of rent or other breaches of covenant the said deposit to be returned to the Tenant six weeks after the end if the Term (except in the case of payments in respect of gas electricity or telephone whereupon receipt of the demand) ti the extent that it is not applied as aforesaid."

 

This is also standard practice by her to withhold the deposit until she gets the gas and electric bill in and she deducts that persons portion. I do not have a problem with paying my share, however she is notoriously difficult to get the rest of the money back from and I believe I should be entitled to it back within 10 days?

 

3. "The LL reserves the right to increase the rent payable under this agreement at any time after the expiry of the term by giving not less than 14 days notice in writing prior to rent payment date specifying the new rent and the tenant will be responsible for payment fo the increased rent from that rent repayment date."

 

This clause appears to negate the S13. The contract then goes on to state clauses about her having the right gain access to my room and forcibly evict me with or without baliffs if i dont pay the increase. Even though I am leaving I dont particularly want this to happen, especially if I am not there to call the police!

 

Sorry about the length of reply and the terrible grammar, I typed it word for word (except for the portions in brackets, abbreviations and £Xs). Her solicitors appear to have worse grammar than me!

 

Cheers!

[indigo_child]

Bump,

 

Im getting pretty scared now that she is going act illegally toward me when i write to hand my notice in and i will end up homeless and pregnant. Ive tried to get legal assistance however i dont qualify for legal aid and i cant afford solicitors fees, so if anyone has any help they could offer i would be very grateful.

 

Thanks

[mariner51]

Assuming contract states rent is payable monthlly and SPT commenced 1 Nov 2007, (no new T signed subs)

you should serve your NTQ by last day of July and vacate by last day of Aug when your T will be terminated by Law. Until then, you will be resp for room rent and T damages. Your room should have a lock, so change lock temp, to prevent LL access, but do not forget to replace orig lock before you leave and hand in keys on last day.

Pointless arguing over rent increase now, if she makes any unwanted deductions from deposit or witholds it, register a dispute with DPS scheme or sue for it's return (SCC) AFTER the T has legally ended and she has attempted to deduct/withold money. She cannot throw you out until expiry of your NTQ, unless she had previously served you with a valid s21, and then only with a Court Order. Any illegal acts on part of LL or family report to Police or Council Private Res Officer. Police should act to prevent a possible Breach of the Peace if you report it as such.

[raydetinu]

Check to see if the deposit id protected! if not she cannot issue section 21 notice. And you could now sue her for that mistake.