Wondering if anyone can advise on this

My girlfriend moved into her flat in June last year on a 6 month fixed tenancy. Landlady now wants to sell and emailed her 1 months notice yesterday. I thought 2 months was the standard notice period, but looking at the tenancy agreement it says 1 month - is this enforceable?

On a separate point the LL has been awkward recently as there were problems with the boiler which she didnt like having to pay for. My gf keeps the flat spotless, but she got an email yesterday warning her she wouldnt get her deposit back until a full inspection had been carried out by the LL, and is worried. I asked her if the deposit is in the new protection scheme and she said the LL told her she was keeping it in her personal savings account - is this allowed?

Can she force the LL to put deposit in a scheme before she moves out next month as this would ensure she didnt get ripped off out of her deposit.

Any thoughts welcome!

Then the landlady has been a very very silly girl and is going to get stung serverly concerning the deposit. All depsoits in respect of a AST signed on or after the 6th April 2007 must be in one of the registered schemes, not a savings acount. This is the law. Have a look at http://england.shelter.org.uk/advice/advic...CFQTUlAodBRyZrA

Heres what to do next;

- The notice you have recieved from the landlady must be one full calander months notice, ending on the same date that the fixed term would have ended. Check that she has been given the full month ending on the correct date.

- Theres no point in asking the landlady to protect the deposit now, its to late. Under the TDS legislation faliure to protect the deposit and provide tenant with perscribed information within 14 days of recieveing depsoit means that you can apply to the small claims court for the return of the deposit plus 3x the original depsoit amount as compensation. This is guaranteed.

- I would write to the Landlady (pointing out the incorrect notice - if it is incorrect) and that as she has unfortunatley failed to protect your deposit in line with TDS legislation you would like the original depsoit amount returned within 14 days in addition to x3 the original depsoit amount on top. I would be very very surprised if the landlady complied as she is apparently ignorant of her responsibilitites. In which case you will have to take her to court to enforce your rights. Once you have done the above preliminary letter, if no result then post back for the next step.

Surely it's two months notice for an S21, whatever the contract says? Or have I got that wrong?


Agreed in principle, but the tenant might need to act fast. I've been lurking on the LLZ forum for a bit, but I haven't seen anyone successfully claim 3x after the tenancy has ended, yet.


T might be entitled to this, but surely it would need to go to court first. The threat alone should be enough to get the deposit back, though.

Incidently, the lack of protected deposit should invalidate the S21. LL shouldn't be able to serve successfully until the deposit is protected. If I were the T, I'd stay put, submit the court forms, and send a copy to the LL.

Thanks for the advice, is there any way to check whether the deposit is protected, the LL said it was in her savings acc around 3 months ago, when my gf emailed her last week to ask her where it is now she didnt reply. Is there someone to contact for advice on this as it seems that once you move out you have no protection if deposit wasnt in a scheme

No point in playing games.

Just write to the LL and tell her that as the deposit was not protected within 14 days of the start of the tenancy, you require immediate repayment of the deposit, and immediate payment of compensation equal to 3x the value of the deposit. Warn her that if payment is not received within 14 days, you will start small claims court action.

Start the action if she doesn't paid up. You can't lose. Her position is indefensible.

An LL can hold the deposit under the new scheme but needs to register it and pay the insurance premium.. see

http://www.letlink.co.uk/letting-factsheet...he-choices.html

It is unlikely a lack of deposit protection scheme will invalidate a S21 but the LL does not want to renew the contract and if the contract states one months notice then it is binding. The two months exists for periodic contracts where no notice period is stated (in fact it is two periods, i.e. two weeks for weekly contract or six months for a quarterly contract... I know people who have quarterly contracts)

You have to bear in mind that the whole principle of an AST is that the tenant is protected during the term of the contract but the LL has the right to gain possesion at the end of the contract. The socialist goverments of the 70's created protected tenancies so that tenants had ALL the legal rights and landlord had none, this resulted in the stock of private rented property literally collapsing (it just was not worth renting a property) and the goverment had to pick up the problem. As a result we now have a balance between LL and tenant rights, it does mean there are properties to rent!. If your GF wanted to stay longer she should have agreed a longer contract with a break clause

I would have to disagree with this statement. If the depsoit hasnt been protected in accordance with TDS regs, then no section 21 can be issued, thats the law. She obviously wants the o/p out so will get them out one way or another so they should really getting looking for alternatives now.

Court action to recover deposit and x3 "compensation" should follow like originally advised.

Insurance is one of the three types of authorised scheme. It allows the LL to hold the deposit in their own bank account, but they must still comply with the rules:

http://www.landlords.org.uk/tenancy_deposit_protection.asp



Based on what I've read over the past year, not so. If the tenant will not leave through informal agreement (written or verbal), the landlord can regain possession through S21, which requires 2 months' notice: http://www.legislation.gov.uk/acts/acts198...3#pt1-ch2-l1g21

indeed you are right, my mistake