How Much Notice?

[jaycee401]

Can anyone tell me how much notice a landlord has to give a tenant. AST has run out and its now month by month, they moved into the property on the 18th of the month. Thanks

[ladybirder]

One month on a rolling tenancy.
http://england.shelter.org.uk/get_advice/private_renting/ending_a_tenancy/ending_a_periodic_agreement

[jaycee401]

thanks but is that just for the tenants not the landlord?

[ladybirder]

This covers it jaycee.
http://england.shelter.org.uk/get_advice/eviction/eviction_of_private_tenants/notice_from_the_landlord

[jaycee401]

thanks, I may be panicing but I hold the tenants deposit as I manage the property myself even though it was done through a letting agent, I have been told this is illegal and I could have trouble getting my tenant out?

[Buenchico]

The law states that all deposits must be placed in a government-backed tenancy deposit scheme. Your tenant can apply for a court order requiring you to pay up to three times the deposit to him/her within 14 days of the order being made:
https://www.gov.uk/tenancy-deposit-protection/overview

[jaycee401]

I know ive just read that, is their anything I can do?

[ladybirder]

You could have a look here at the Association of Residential Letting Agents.http://www.arla.co.uk/info-guides/property-guides.aspx

You're not supposed to keep their deposit but do they know you have it? If you want to give them proper notice and are not going to run off with their deposit then hopefully there won't be a problem. And I'm sure you won't do it again now that you know it's against the law.

[jaycee401]

Hi I defo wont do it again. I had no idea. I will give them proper notice and even though they paid me the deposit direct they wont no what I did or did not do with it.

[jaycee401]

and I will certainly be giving them their deposit back

[ladybirder]

I hope it all works out for you jaycee. Good luck.

[jaycee401]

thanks x

[jaycee401]

I have been reading i cant serve notice unless the deposit is in a government backed deposit scheme!

[boxtops]

Crumbs, I'm glad I don't have a tenant any longer - is there any way you can lodge the deposit in the approved scheme then, so you can give notice to your tenant?

[boxtops]

..and (maybe I'm being naive) how would the tenants know where the deposit is?

[jaycee401]

I think its too late to deposit it now. I am going to give it back to the tenant prior to serving notice. I will nevet rent again!!

[tamborine]

You can pay into deposit scheme within 14days of a dispute, to cover yourself.

https://www.gov.uk/deposit-protection-schemes-and-landlords/if-you-dont-protect-your-tenants-deposit

Tenants often use their deposit by NOT paying last months rent & leaving the property wrecked, so landlords funds refurbishment. I find the best way to clear unwanted tenants is to give 1months notice of rent increase. That way, you dont have the laborious eviction protocol.

[jaycee401]

thanks