What Constitutes Notice from a Tenant?

essgtoem

Hi. My Assured Shorthold Tenancy is due to expire in the coming weeks. I was negotiating with the Letting Agent with regards to entering in to a new AST but I did not find the landlord's offer reasonable and declined their offer.

Does this constitute my serving of notice? Or am I still entitled to a Section 21 and two months notice from my landlord?

Thanks,
Lucy

BitterAndTwisted

If you have a fixed-term AST you are not obliged to give any notice if you wish to vacate at the end of the term but it's generally considered good manners to do so. Also you'll want to negotiate a check-out visit so you can agree or disagree on any potential deductions from your deposit for loss or damage, won't you?

essgtoem

Thanks for your reply. The Letting Agent is saying that because I did not accept the landlord's offer for a new AST I must vacate the property at the end of the current tenancy agreement in three weeks. They say my refusal to accept his offer means that I served notice and that the landlord does not need to serve me a Section 21.
I would like to have the two months notice in order to find a new flat and don't see how my refusal of the offer constitutes notice (as my intention was to stay in to a periodic lease until such notice was received). Did I inadvertently serve my notice to quit?

BitterAndTwisted

If you needed two months to find another property then you should have started your negotiations with the LL/LA some time ago. If you outstay your welcome don't be surprised if they do indeed issue you with a S21, start letting themselves in to show prospective new tenants around when you're not there and consider tiresome and unreasonable ways of withholding your deposit. A decent reference can go out of the window as well.

Personally, I think three weeks to arrange your onward move should be ample.

sequence

I disagree with B&T 3 weeks is not ample, and the LA should have contacted you sooner to give you more time.

Have they already served you with a S21 ?

essgtoem

Thanks for your reply. We did start our discussions a long while ago. But then the letting agent went on holiday and took over a week to reply to some emails. It dragged on for a long time and we could not agree on a suitable rent increase under a new AST.
Three weeks really isn't suitable because it takes at least a month to cancel bills plus the grandparents are away and not able to look after the kids if we move, etc. I was more than happy just to enter a periodic tenancy until 2 months notice was eventually given by the landlord (and given how slow they seem to operate I thought that might take them some time). However, the letting agent is taking the fact that I didn't want to pay their fat renewal fee for a new AST with an unfairly high rent as my notice.
I suppose I am just seeking clarification on whether my action is construed as notice or not.
Thanks for reading and your thoughts.

theartfullodger

Chapter & verse here @ the excellent Shelter website...
http://england.shelter.org.uk/get_advice/renting_and_leasehold/private_tenancies/assured_shorthold_tenancies#2


Cheers!


Lodger

essgtoem

sequence wrote: »

I disagree with B&T 3 weeks is not ample, and the LA should have contacted you sooner to give you more time.

Have they already served you with a S21 ?

Thanks for your reply. No, they say they do not need to issue a Section 21 because they say my refusal of the new AST was my notice to them. Can that really be so?

lizzielondon

BitterAndTwisted wrote: »

If you needed two months to find another property then you should have started your negotiations with the LL/LA some time ago. If you outstay your welcome don't be surprised if they do indeed issue you with a S21, start letting themselves in to show prospective new tenants around when you're not there and consider tiresome and unreasonable ways of withholding your deposit. A decent reference can go out of the window as well.

Personally, I think three weeks to arrange your onward move should be ample.

I'm sorry B&T but why advise a poster like this when you know this isn't correct

OP check your original tenancy agreement for a section21, it may have been served at the commencement of the tenancy but still may be incorrect

LL/LAs would be breaking the law by entering your home without your permission, obviously they might try and if they do come back here and there's lots of helpful peeps on here who will help with your response to this

You can always ask for a reference now before you let them know you are insisting on receiving the correct notice

3 weeks to move can sometimes be 'ample', if the OP has lots of tight deadlines at work at the mo it's unlikely though isn't it? We don't know the OP's position

good luck x

lizzielondon

woah cross posted with everyone lol

essgtoem

theartfullodger wrote: »

Chapter & verse here @ the excellent Shelter website...

Cheers!

Lodger

Thanks for the link. If I do not agree to the new AST they offered (and with that the letting agent fee and the rent increase) is that necessarily considered a "surrender"?