Deposit protection service advice

[mwesty1]

Afternoon guys,

im after a bit of advice, i rented a private property over 2 years ago now. November just gone l lost my job and got into financial difficulties, single and was at the time self employed I got behind with rent. I managed to get enough work to cover rent and caught up but knew I couldn’t keep it going so was offered work working away full time which l accepted. I handed notice in and gave 1 month but little did l know my notice period was 3 months and unless the landlord found someone in that 3 months my contract stood. Even though my initial contract was only 6 months and l never signed another one after that in 2 years. Well I left on date given and they charged me 2 extra months which l have not paid (my bad) but l didn’t have the funds too as I moved and had a new rent to pay! Hands up lm not denying I took right course of action here l know it was wrong but at time the only way.
well they have said they will take me to court over this now and I’m just waiting for the summons’s. Today I received a email from DPS saying the landlord has requested the full deposit to be paid to him!
Now is this right? Will he use this towards the outstanding rent ?
also they have emailed me and it is registered in another name, Matthew when my name is Michael so they have registered this deposit in a different name to myself.
all I wanted to know is do I just accept this request and let them take my deposit which is £595 ?

any advice will be appreciated

mike

[Kati]

tagging Crazy council (hopefully he should be able to help) xx

[Crazy council]

Hi

Can you explain this a bit more,

. I handed notice in and gave 1 month but little did l know my notice period was 3 months and unless the landlord found someone in that 3 months my contract stood.

why do you think its 3 months notice after the first 6 months. Do you still have a copy of the contract

If your rent was paid up when you left, and you gave the required 1 months notice

https://www.citizensadvice.org.uk/ho...-your-tenancy/

Type of tenancy	Minimum notice you need to give
Fixed term tenancy
if you’ve got a break clause	amount of notice your break clause says
if you don’t have a break clause	you can’t give notice - you can only leave after your fixed term has ended
Periodic tenancy if you don’t live with your landlord	1 month’s notice if you pay rent monthly 4 weeks’ notice if you pay rent weekly
if you live with your landlord	you don’t have to give a set amount of notice (unless your tenancy agreement says otherwise)

[mwesty1]

Thank you for reply.
I gave my notice just after beginning of the month but then they said no after the end of that month the 2 month would then start.

mike

[mwesty1]

Am l in a losing battle ?

Mike

[Crazy council]

i will read through that contract later oir tomorrow, theres something that conflicts and am not sure how it works in law,

If your on a periodic tenancy, normaly it would to be one months notice from the start of the next week or month ( depending if your contracts states the rent weekly or monthly ), but, it also says in some places, that the end term of the TC stays the same on a periodic tenancy, Am not sure and i need to check what ones valid in your curcs

[mwesty1]

I have till 22nd June to reply with objection

[Crazy council]

Hi. On the front of the contract, does it quote the rent as weekly, 4 weekly or monthly ?

what date was your rent due date, what date did you give them notice, what date did they say no ( was it straight away )

what am waiting for some advice on, is how these notice periods have worked out before in the courts, you owe a minimum of one month after the formal notice. I need the dates to understand how that applies to you at first.

[mwesty1]

Afternoon,

my contract is 1st month and is monthly. My notice was 1st January and was given 28th feb my leaving date

mike

[Crazy council]

Hi,

just some general stuff

The date you gave notice ( 1st Jan ), in most curcs, that would be taken from the next working day for the agent. 3rd or 4th. most of the year that would not matter, but it does around fixed hollidays like xmas

The rest seems in order,

The advise am asking from some friends is around, are you limited to give notice at theend of the period ( month ), in a periodic tenancy. i will chase them up tomorrow. I would just be guessing, they still work in the indusrty and have a lot more up to date working knoledge of how therse are argued out.