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patrikc
13-03-2010, 20:16 PM
Hi,
we are on a periodic tenancy (month by month) and the period starts on the 15th of the month. We have been given 2 month notice by the landlord because is going to sell the house, so we need to be out by the 14th of May. Do we need to give one month notice anyway? Today we found another house. We sent an email and also a first class letter today giving him notice. It's a Saturday so the landlord will not receive it before Monday the 15th. Does this mean we have to pay for the entire 2 months? Is our notice by email valid? Does the notice need to be given before the 15th or can we give it anytime within the 2 months period? Thanks

mind the gap
13-03-2010, 20:59 PM
Hi,
we are on a periodic tenancy (month by month) and the period starts on the 15th of the month. We have been given 2 month notice by the landlord because is going to sell the house, so we need to be out by the 14th of May. Do we need to give one month notice anyway? Today we found another house. We sent an email and also a first class letter today giving him notice. It's a Saturday so the landlord will not receive it before Monday the 15th. Does this mean we have to pay for the entire 2 months? Is our notice by email valid? Does the notice need to be given before the 15th or can we give it anytime within the 2 months period? Thanks

Are you saying that you would prefer to leave on 14th April?

patrikc
13-03-2010, 21:08 PM
Are you saying that you would prefer to leave on 14th April?

Yes, within the 14 of April (the last day of my period). I sent notice today, but he will not receive the letter before the 15th (I don't know if the email I sent him today is legal). I also left a copy at the estate agency but they close earlier so they'll find it on Manday I just want to know if I have to pay till the 14th of April, or if I have to pay till the 14th of May.

mind the gap
13-03-2010, 21:13 PM
Yes, within the 14 of April (the last day of my period). I sent notice today, but he will not receive the letter before the 15th (I don't know if the email I sent him today is legal). I also left a copy at the estate agency but they close earlier so they'll find it on Manday I just want to know if I have to pay till the 14th of April, or if I have to pay till the 14th of May.
I think it will depend on whether they accept your notice or not. Technically if it does not arrive until 15th, then they are not obliged to, unless there is a clause in your TA establishing that emails may be used for serving notice.

However if they are hoping to sell the property they may be amenable to accepting it a day late. Why don't you ring the LL tomorrow and ask?

patrikc
13-03-2010, 21:22 PM
I think it will depend on whether they accept your notice or not. Technically if it does not arrive until 15th, then they are not obliged to, unless there is a clause in your TA establishing that emails may be used for serving notice.

However if they are hoping to sell the property they may be amenable to accepting it a day late. Why don't you ring the LL tomorrow and ask?
Thanks.
so, you can't move before the end of the 2 months notice period,even if you find a house, without paying the 2 full months?

mind the gap
13-03-2010, 21:33 PM
Thanks.
so, you can't move before the end of the 2 months notice period,even if you find a house, without paying the 2 full months?

Yes, you can - by serving one month's notice yourself, but it must in your case be served in time to expire on 14th April (i.e. the last day of a rent period) and as you have explained, that may not be possible. You may end up missing the 14th April and going for 15th May instead - which is the same expiry date as your LL's notice in any case...unless your LL agrees to accept your notice. Get his agreement in writing.

patrikc
13-03-2010, 21:35 PM
Yes, you can - by serving one month's notice yourself, but it must in your case be served in time to expire on 14th April (i.e. the last day of a rent period) and as you have explained, that may not be possible. You may end up missing the 14th April and going for 15th May instead - which is the same expiry date as your LL's notice in any case...unless your LL agrees to accept your notice. Get his agreement in writing.

thanks, clear explanation :)