greymatter
06-02-2008, 13:22 PM
Hello everybody,
Firstly, thank you to all the people who've contributed to this forum - this kind of advice seems hard to find and I'm very grateful for the number of queries I've been able to clear up as a result of visiting here.
This question is from a tenant's perspective. We are in a fixed term AST due to expire on 1 April 2007. We have received the following email, dated 6 February 2008, from the letting agent:
"You now have the choice of either renewing the Tenancy Agreement at rent increase of £60 per week or accept this email as two months notice to vacate the flat on 6 April 2008."
No other notice to vacate has been given. We are happy to accept email notices as being 'in writing', as most of our communication has been done this way in the past.
The question is: does this consititute a full and valid S21 notice, or would they have to issue something a little more definite? It seems unlikely to me that this could be a valid S21 notice because it is conditional in nature, but I would appreciate any insight.
And a follow-up question:
When we last renewed the tenancy for a period of a year, we ensured that the 'renewal memorandum' included the right for us to terminate the tenancy with 30 days notice, as opposed to the 60 days in the original agreement. If we renew again we understandably want to keep to the same terms, and I have written to the agent to ask confirmation that existing terms will apply (i.e. only the rent will change).
However, the agent may not get back to us on this for a while yet. If he replies, say in a week's time, and we decide not to continue the tenancy, would they still be entitled to expect the property to be vacant after 6 April as if notice had been served two months earlier?
I appreciate that I may be asking the same question twice, but am not sure yet!
Thanks again for all your help.
Firstly, thank you to all the people who've contributed to this forum - this kind of advice seems hard to find and I'm very grateful for the number of queries I've been able to clear up as a result of visiting here.
This question is from a tenant's perspective. We are in a fixed term AST due to expire on 1 April 2007. We have received the following email, dated 6 February 2008, from the letting agent:
"You now have the choice of either renewing the Tenancy Agreement at rent increase of £60 per week or accept this email as two months notice to vacate the flat on 6 April 2008."
No other notice to vacate has been given. We are happy to accept email notices as being 'in writing', as most of our communication has been done this way in the past.
The question is: does this consititute a full and valid S21 notice, or would they have to issue something a little more definite? It seems unlikely to me that this could be a valid S21 notice because it is conditional in nature, but I would appreciate any insight.
And a follow-up question:
When we last renewed the tenancy for a period of a year, we ensured that the 'renewal memorandum' included the right for us to terminate the tenancy with 30 days notice, as opposed to the 60 days in the original agreement. If we renew again we understandably want to keep to the same terms, and I have written to the agent to ask confirmation that existing terms will apply (i.e. only the rent will change).
However, the agent may not get back to us on this for a while yet. If he replies, say in a week's time, and we decide not to continue the tenancy, would they still be entitled to expect the property to be vacant after 6 April as if notice had been served two months earlier?
I appreciate that I may be asking the same question twice, but am not sure yet!
Thanks again for all your help.