Quick Q about inventory/giving notice and S21.

shellsuit

BitterAndTwisted wrote: »

I wasn't joking but I really should have been more clear: in an emergency obviously you telephone but you should always follow this up with a written confirmation. This way, you have proof of when you brought the matter to the LA's attention and should they fail to do any repairs in a timely fashion you have a paper-trail for future reference should you need to take more assertive steps to encourage them to do so at a later date.

In answer to your enquiry about the notice-period: I believe that you have already been advised more than once that you should give one month's notice BUT your landlord might be amenable to accepting less if you keep the lines of communication open by discussing the possibility of leaving earlier with their letting agent as soon as possible.

That's the thing though, I know I've been advised what I 'should' do, but I'm asking if I can give less. I know the agent/LL may say Yes, 3 weeks will do, but if they don't? I want to know if legally I can, so I know where I stand if I need to give less but they won't allow it.

N79 wrote: »

A S21 notice does not absolve a T from giving the necessary notice if they wish to leave before the expiry of the notice.

Therefore if you pay rent monthly then you need to give 1 months notice to end on the last day of a rental period (and not on your rent due date as someone said earlier in the thread).

You can find you rental period by remembering the last date of the fixed period of your tenancy. If paying rent monthly then the rental period will start from the day following the last day of the fixed period.

Eg. Fixed period ended 15 Jan. Rental period = 16 -15th each month. Notice would need to be given before the 16th of the month to expire on the 15th of the following month (assuming rent paid monthly)

Rent is paid weekly on a Monday.

Sorry, don't understand what you mean by 'fixed period'.

clutton_2

this S21 "do i need to now give notice" attracts a fair amount of argument here

post on www.landlordzone.co.uk where a solitor called Jeffrey will likely as not answer your question in 5 words of less....

BitterAndTwisted

shellsuit wrote: »

That's the thing though, I know I've been advised what I 'should' do, but I'm asking if I can give less. I know the agent/LL may say Yes, 3 weeks will do, but if they don't? I want to know if legally I can, so I know where I stand if I need to give less but they won't allow it.

Rent is paid weekly on a Monday.

Sorry, don't understand what you mean by 'fixed period'.

Your original tenancy agreement (the conditions of which still stand) says that you SHOULD give one month's notice and therefore you can't give less. What you MIGHT be able to do is negotiate with the LA to give less than that IF the landlord is amenable. Therefore you should budget for the worst-case scenario giving a full month's notice and paying a full month's rent


The "fixed period" referred to is your original Assured Shorthold Tenancy agreement which you signed all those 12 years ago. Since you did not sign a new one since then you have gone onto a rolling "periodic tenancy" the terms and conditions of which are the same, save for the notice that the landlord is obliged to give you which on an AST is one month but a periodic is two months.

Clear now?

N79

If your rent is paid weekly then your notice period will need to be 4 weeks rather than 1 month.

I agree with Clutton that the S21 does a T still have to give notice debate is very unclear as the housing acts do not explicitly cover this eventuality and no one is going to go to the higher courts over a matter of, at most, a few weeks rent. So we are left trying to piece together an interpretation of the housing acts from the various parts that apply to LLs and Ts seperately. I guess many of us have different views or have received different advice.

My post above was intended to offer an opinion of the most blameless way (for a T) to ensure that there is no dispute over the final day of the tenancy. In my opinion, as a matter of decency, any LL that holds a T to their notice period after issuing a S21 is acting contrary to the spirit of a reasonable LL - T relationship.