Have I got any chance fighting my landlord over renters right change we were not informed about?
Posted by scoop_my_bagel@reddit | AskUK | View on Reddit | 13 comments
Hi
We have been renting an apartment for 2 years and have always been under the impression that we were required to give 1 months notice for ending the tenancy at the end of the contract.
We planned to move out at the end of June which was the original end of our tenancy. I informed them on May 22nd about this, they have come back saying the earliest we can move out is July 31st, as the new law requires 2 months notice as opposed to the original 1 month. However, we only got an email informing us of this change on May 10th, meaning it would’ve been impossible for us to know of this change, and impossible for us to inform them the 2 months in advanced that they required. I’ve been back and forth all day with the letting agency trying to convince them to move the date, however they are being very stubborn, they recognise they didn’t inform is in due course but stand by the fact they are not moving the date.
Is there anywhere i can go from here or any action I can take? One of the residents moving cities and will really struggle to unexpectedly pay two rents?
Any advice would be greatly appreciated
New_Line4049@reddit
They are only required to inform you by the end of may, so theyve not done anything wrong on that front. If your contract explicitly states 1 month its said this carries across, but I dont believe its been tested in court, which if they wont busge is ultimately where this'll have to end up.
Large-Butterfly4262@reddit
The landlord would have to take op to court, not the other way round. Op gives notice as per their contract and then the landlord either tries to get the additional months notice from DPS or goes to court.
Dangerous_Trick5292@reddit
The not informing you isn't a defence that will change anything, they actually have until May 31st to inform you about the changes in the law, and since you posted notice, they have now informed you.
2 months notice is now the law, your old tenancy doesn't exist. If paying that final month is going to be extremely tight financially, best to try and see if they're willing to let you pay in installments as it's not like they can evict you at that point for failure to pay
Large-Butterfly4262@reddit
This is not correct. The maximum notice is 2 months and any clause in your existing tenancy which allows less notice is valid. Nothing the the RRA invalidates entire existing tenancy agreements, only certain clauses.
huskydaisy@reddit
As soon as the new law took effect (may 1st) you have to give two month's notice. Fair or not, there's an expectation that you know the law and must abide by it.
As I understand it, the landlord can approve a notice to quit sooner than two months where you both agree so if you have a way to bypass the agents and appeal to the landlord then that's worth a shot...
Otherwise give Shelter a call for more expert advice than reddit but I think you might be out of luck
Large-Butterfly4262@reddit
The landlord can already have agreed a shorter notice if it’s stated in writing in the tenancy agreement.
paddlingswan@reddit
I’m interested they extended it to 31 July - seems they’re interpreting ‘months’ as 1-31 and not 22-22.
Guilty_Following8394@reddit
It's two months in line with the rental period so it could effectively be almost 3 months, depending on when the rent payment date is the the date notice is given.
Joshthenosh77@reddit
They are right they had until end of may to inform you , but the information had been out for ages , as a renter you should have informed yourself
Selpmis@reddit
Better off asking on r/LegalAdviceUK because, as evidenced by the comments already made, no one knows what they're talking about.
Though no need, because this question has already been answered here.
You can move out. Tell them you're doing that. They will not pursue you for 1 months rent and your deposit cannot be used to pay for alleged rent arrears by them. If it goes to a tenancy deposit scheme dispute, they will rule in your favour over this anyway.
RetroBoxRoom@reddit
You’re better off asking on https://www.reddit.com/r/LegalAdviceUK/
PrimeWolf101@reddit
Does your contract say you can give 1 month notice? If so then you can. Otherwise it's 2 months.
And there was some ways you could have known about this, it's major renter law changes that have been planned for years and covered extensively within the news. They should have told you, but it's worth keeping up to date with changes in the law that personally affect you.
PracticeNo8733@reddit
As a general rule if something comes about as a direct result of a change to the law then a court is going to consider it your own responsibility to know. AFAIK there's nothing specific in the new law about landlords informing tenants of the change.
It's worth checking your contract, though, as if it explicitly says one months notice then AFAIK (IANAL) that still stands.