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notice 4 weeks??

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  • the only reason is i think she asked for a reference off him,she needed one for something i cant remember and he said yes at first then suddendly turned round and came to my daughter house and said you will be getting a letter through the post notice to qiut these premisesis,she as lived there for 3 and a half years
  • paintpot
    paintpot Posts: 764 Forumite
    the only reason is i think she asked for a reference off him,she needed one for something i cant remember and he said yes at first then suddendly turned round and came to my daughter house and said you will be getting a letter through the post notice to qiut these premisesis,she as lived there for 3 and a half years

    Ok, so does your daughter want to stay there in an ideal world? Some things can be sorted and negotiated between landlord and tenant. Did she tell the LLwhy she wanted the reference? Perhaps the landlord thinks she is going to leave.

    What does your daughter want? To stay or to go?
    Am I correct in saying that she has not yet received any notice? Ie No S21 or S8 notice?
    Am I correct in saying that your daughter does not have any rent arrears and is not causing the landlord any other problems such as nuisance, noise, damage to the property etc?
    What repair was she ringing the landlord about?
    Does your daughter have the address of her landlord?

    Please answer the above questions.

    I feel there might be more to this story. You need to tell us the whole picture or seek advice from the other places already suggested.
  • my daughter would like to stay
    no she not recived anything yet but he said it will come in the post shortly
    no rent arrears the only problem is he will not do any repairs until you tell him ill have to seek further advice
    the repair was to her boiler it kept losing pressure
    yes she as his address
  • paintpot
    paintpot Posts: 764 Forumite
    Right, ok, so if your daughter wants to stay and she has previously enjoyed a good relationship with this landlord then it may be a good idea to write a short and precise letter to the landlord explaining that there may have been some confusion about your daughter's intentions ie he might have thought she wanted to leave, how she would really like to stay, etc and etc and also mentioning about the boiler problem. However, if the landlord has always been as aggressive as you suggest he has and poor about repairs then it might be better that she does look elsewhere. Why did your daughter ask the LL for a reference??

    If you think a letter might help and your daughter really does want to stay then I can assist you with writing a suitable letter if you would like.
  • thank you very much ,but she as tried to phone him twice now to try to reconcile any differences but to no avail he still wants her out.
    its just strange when there is no proper rules or appeals to go to before this comes to an end
  • paintpot
    paintpot Posts: 764 Forumite
    thank you very much ,but she as tried to phone him twice now to try to reconcile any differences but to no avail he still wants her out.
    its just strange when there is no proper rules or appeals to go to before this comes to an end


    Well unfortunately, if a landlord wants possession of their property then they are entitled to it providing they follow the correct channels so your daughter in protected in that respect.

    I am slightly confused as to why this landlord keeps warning your daughter that he is going to serve notice and has not yet done so as you started this thread some time ago.

    However, like I said before, if your daughter's boiler is not working then he has an a legal obligation to repair it. Has your daughter got heat and water?

    Have you no idea why he wants to serve notice on your daughter?
  • thank you very much ,but she as tried to phone him twice now to try to reconcile any differences but to no avail he still wants her out.
    its just strange when there is no proper rules or appeals to go to before this comes to an end
    It's an AST - the other side of the coin is that she can leave at will with only a months notice if he's rubbish with repairs. The flexibility is part of the tenancy terms the government harp on about the ability to relocate at ease. It could well be part of the economic climate he wants to sell or needs a different type of tenant to build his property empire.

    I'm guessing your daughter relies on benefits to some extent and probably would be better off in social housing, if so it's probably worth investigating how best to manipulate the system, ensuring no arrears to block social housing applications. The LL doesn't want the tenancy to continue and has no legal obligation to and she has few rights - her efforts should be focused on how best to use the situation to find alternative long term accommodation.
  • still no idea about notice plus yes the boiler is working but sometimes it goes down in pressure then goes back to normal,all she asked him to check it over thats all

    all she is waiting now for the notice as soon as she receives it,i will put up as much info as i can and again thank you

    why oh why cant people who live in private acc appeal against a descion when you recieve a notice,surely this is not right ,i think if a LL wants you out he can without any good reason
  • update the landlord as told my daughter she is getting a notice through the post ,still as not arrived yet plus she even phoned again and he replied in polite words go away -she as found a good landlord now ,please give advice about wether to move in 2 new address(new landlord is brilliant he said just move)
  • paintpot
    paintpot Posts: 764 Forumite
    update the landlord as told my daughter she is getting a notice through the post ,still as not arrived yet plus she even phoned again and he replied in polite words go away -she as found a good landlord now ,please give advice about wether to move in 2 new address(new landlord is brilliant he said just move)


    Your daughter is legally required to serve one month's notice in writing (I believe she is now out of her fixed term) and that notice must end at the end of a rental period ie the day before her next rent is due (that's if her tenancy states she pays rent monthly).

    Therefore, for example, if her rent is paid on 1st of the month, if she serves notice she would need for it to arrive with the landlord before 1st March and she needs to vacate by (or at least pay rent up to and including) 31st March.

    However, she may be able to negotiate an early release from her current tenancy if the landlord wants her to leave. However, your daughter should not burn her bridges, therefore I would suggest she does not serve notice until she is sure the new landlord is definitely going to let to her and has completed the references/checks he wants to complete and is satisfied with them. She also needs to know that the new property is available to move into to tie in with her notice.

    I would suggest she puts her notice in writing to the current LL and sends it registered post and/or at least gets a certificate of posting from the post office so the LL cannot deny having received it.
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