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View Full Version : Urgent help required...RE - Notice



rockape42
14-03-2010, 18:12 PM
I was going to hand in my notice tomorrow. Today i was hand delivered a notice to vacate S21(4)(a) giving me two months notice. I intend to leave anyway, but can i still give one months notice? Do i have to give notice at all now even if i leave before the LL notice period has expired. What period would i have to pay for? HELP Should poiont out i'm now on a periodic tenancy. Was on AST for first six months.

ram
14-03-2010, 18:27 PM
Do i have to give notice at all now even if i leave before the LL notice period has expired. What period would i have to pay for? HELP

you don't say when your tenancy expires, but assume as you have been given an s21 it could be May 13th / 14th ?

So that others may comment, we need to know about your tenancy agreement, start date and finish date, and if there was a "break" clause at 6 months. etc etc. as if your tenancy expires in 2 months time, you can't just walk out. You have to pay rent till the end of the tenancy, if you don't give notice, depending on the terms of the AST.

mind the gap
14-03-2010, 18:31 PM
ram, I do not think that the advice above (that OP is liable for rent for whole of LL's notice period) can be correct in this instance. The fixed term of OP's AST has expired.

rockape42, as you are in a statutory periodic tenancy, then you can give one month's notice to end on the last day of a rent period; if that date falls before the LL's notice expires, then you can go at the expiry of your notice.

What day of the month is rent payment day for you?

rockape42
14-03-2010, 18:36 PM
Tommorow is the last day of a rental period. I was going to give notice tomorrom. 1 month. Saw on another post someone say if you were in a period of notice under s21 you could go anytime without giving any notice. Don't know if this is correct. I am fully paid up with rent. Notice given as i won't sign a new AST.

mind the gap
14-03-2010, 19:14 PM
Tommorow is the last day of a rental period. I was going to give notice tomorrom. 1 month. Saw on another post someone say if you were in a period of notice under s21 you could go anytime without giving any notice. Don't know if this is correct. I am fully paid up with rent. Notice given as i won't sign a new AST.
In that case, if you can ensure the LL/agent receives your notice tomorrow you will be able to end the tenancy on 15th April. This mens though that you will have to hand the notice in person to your LL or his agent and get a receipt for it - don't post it or they won't receive it in time.

If you miss the deadline of tomorrow you would then have to give notice to expire on 15th May not 15th April.

The whole question of when a T can and cannot go when under s21 notice is complex, but I think it is straightforward in your case.

ram
14-03-2010, 21:47 PM
ram, I do not think that the advice above can be correct in this instance.

the sentence "Should poiont out i'm now on a periodic tenancy. Was on AST for first six months." in post one, was added after I replied.
You have about up to an hour when you can edit your post.

R.a.M.

Snorkerz
14-03-2010, 22:09 PM
In that case, if you can ensure the LL/agent receives your notice tomorrow you will be able to end the tenancy on 15th April. This mens though that you will have to hand the notice in person to your LL or his agent and get a receipt for it - don't post it or they won't receive it in time.

If you miss the deadline of tomorrow you would then have to give notice to expire on 15th May not 15th April.

The whole question of when a T can and cannot go when under s21 notice is complex, but I think it is straightforward in your case.This post http://www.landlordzone.co.uk/forums/showthread.php?t=25706 (about the LANDLORDS notice requirements) suggests notice could be given on the 16th. (ie 16th to 15th being one full month - the requirement isn't for MORE THAN a month)

mind the gap
14-03-2010, 22:27 PM
This post http://www.landlordzone.co.uk/forums/showthread.php?t=25706 (about the LANDLORDS notice requirements) suggests notice could be given on the 16th. (ie 16th to 15th being one full month - the requirement isn't for MORE THAN a month)

Hmmm...you may be right! However given the vagaries of the postal system and the potential for the LL to claim that the whole of the 16th (March) should be included in the notice period, not just part of it...I'd be tempted to shove it in his hand tomorrow (15th) at some point.