notice to LL, she is expecting 2 months we want to give 1 month

Gorgeous_George

kennyboy66 wrote: »

Because what are termed "Statutory rights" cannot normally be signed away in contracts...

...These rights are generally to protect the individual over companies, or in the this case landlord, who have more "power" & knowledge.

The two months notice (from the LL) protects the tenant. The one months notice (from the T) protects the Landlord.

If my tenant agreed to provide two months notice, I would expect to be able to convince a judge that two months was required.

GG

Chris2685

theartfullodger wrote: »

Sigh! Ah, the difference between can and may. He can do anything he likes (eg withhold deposit, slander you down the pub, follow you to your new address & harass you, let the tyres down on your motor vehicle.....) but he may not stop you leaving lawfully. If he is a real numpty you may have some more work to do to get him to do the right thing & cough up and monies owed etc...

Cheers!

Lodger

Fair comment, I'll just play ball then

superfran_uk

Jowo wrote: »

I appreciate that I earlier confused things by mentioning due date of rent which I’ve subsequently corrected though quoting Shelter’s better worded sentence but you’ve previously indicated that “Our tenancy runs from 15th - 14th” and that you’d already given notice on the 4th June.

I think that was me. We have already had confirmation that this is ok. Don't get too confused! The OP definitely said 1st.

djkarl

Thanks for the all the advice in this thread, i'm adjusting the letter to seem more polite. I have just spoke to her on the phone and she is not happy to say the least, due to the timing i'm having to hand deliver the letter so it's not going to be very pleasant I'm not sure the sentence mentioning the periodic tenancy is correct, so advise would be very welcome.

I've changed a section of the letter to as below

We hereby give notice to terminate our tenancy at Street Street

We are now on a periodic tenancy as our assured short hold tenancy lapsed we hereby give one months notice.

The last day of our tenancy will be 31st July 2009. We will be available on that date after 7pm to complete a check-out inspection.

We will be due back our deposit of £##. We look forward to receiveing this in due course of us vacating the premise.

silvercar

I'm not sure that you can demand when the check out is done. The landlord may choose to employ a letting agency on a one off basis to perform the check out, they would only be available in office hours.

"We are now on a statutory periodic tenancy as our assured short hold tenancy has ended lapsed we hereby give one months notice."

djkarl

Thanks, i've changed that line. I was thinking of adding 'however we are flexible' to the line about the checkout.

djkarl

Well we hand delivered the letter. Land lady was hostile to say the least.
She has been advised by Estate Agents that the terms of the 6 month AST stay in force for the time we spend at the property even we dont sign a new contract. I was calm and polite but she seemed to get more and more annoyedm i did get her to sign a copy of the letter i'd give her but she has added some text at the bottom saying she'd hold me to 2 months notice.

The house has remained up for sale during the time we have been renting, we have allowed all viewings, she has told us that she would like us to make more of an effort keeping the house tidy and looking after the garden, as this may help her find new tennants or a buyer quicker.

I was quite offended by this but decided to bite my tounge as getting in to arugement wouldnt help anyone, i just asked to sign it and we left. She is speaking to her solicitor and estate agent on monday.

superfran_uk

djkarl wrote: »

Well we hand delivered the letter. Land lady was hostile to say the least.
She has been advised by Estate Agents that the terms of the 6 month AST stay in force for the time we spend at the property even we dont sign a new contract. I was calm and polite but she seemed to get more and more annoyedm i did get her to sign a copy of the letter i'd give her but she has added some text at the bottom saying she'd hold me to 2 months notice.

The house has remained up for sale during the time we have been renting, we have allowed all viewings, she has told us that she would like us to make more of an effort keeping the house tidy and looking after the garden, as this may help her find new tennants or a buyer quicker.

I was quite offended by this but decided to bite my tounge as getting in to arugement wouldnt help anyone, i just asked to sign it and we left. She is speaking to her solicitor and estate agent on monday.

She sounds like a noob. Unfortunately for her, long gone are the days when you can keep someone's deposit just to spite them so I would say you're on the winning team with this one. Shame she's being hostile though, things are much easier when everyone's civil.

tbs624

Thanks for updating the thread.

djkarl wrote: »

.....She has been advised by Estate Agents that the terms of the 6 month AST stay in force for the time we spend at the property even we dont sign a new contract.

Well, bless em, they are partially right but not when it comes to any terms on "determination". Refer them to the Housing Act 1988, Section 5(3) (e). Your tenancy is called a statutory periodic agreement because it *is* governed by statute not by ignoramus LAs.

djkarl wrote: »

.I was calm and polite but she seemed to get more and more annoyedm i did get her to sign a copy of the letter i'd give her but she has added some text at the bottom saying she'd hold me to 2 months notice.

Some people never give up - your LL shows such spirit!!;)

djkarl wrote: »

The house has remained up for sale during the time we have been renting, we have allowed all viewings, she has told us that she would like us to make more of an effort keeping the house tidy and looking after the garden, as this may help her find new tennants or a buyer quicker.

You've obviously tried to do the right thing by her but the fact remains that the property is your home and you are entitled to live how you want whilst you are still there paying rent & serving your notice period.

djkarl wrote: »

I was quite offended by this but decided to bite my tounge as getting in to arugement wouldnt help anyone, i just asked to sign it and we left. She is speaking to her solicitor and estate agent on monday.

You're right to try to keep things calm from your side: she is in the wrong, her LA is in the wrong. They should let their steam off at one another , rather than at you. However, be fully prepared for her to wheel out an ancient legal adviser who's a bit lacking on the basics of LL& T law...........

clutton_2

why do some amateur landlords go into business with no idea what laws they have to comply with ??/