What Constitutes Notice from a Tenant?

lizzielondon

essgtoem wrote: »

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?

no they're talking rubbish

essgtoem

Thanks so much for your reply.

lizzielondon wrote: »

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

The letting agent specifically said they have not issued a Section 21 and are not required to do so because my email -- where I did not accept the new AST and rent increase -- was taken to be my notice.

lizzielondon

honestly the LA is just making stuff up

or shockingly may think they are correct

but they are still talking poo

essgtoem

lizzielondon wrote: »

no they're talking rubbish

Thanks lizzielondon. What is the best way for me to request correct notice from the landlord? Is there any legislation or website I can refer them to which discusses whether my email to them is considered notice and/or whether they still have responsibility to serve notice to me?
Thanks so much!
-Lucy

lizzielondon

i'm afraid i'm not an expert so not sure of the legislation to quote

lodger's link to shelter should have it somewhere

lizzielondon

whether or not your email is considered notice: did you give some kind of notice? did you say you were moving out? or did you just reject their new contract?

essgtoem

lizzielondon wrote: »

i'm afraid i'm not an expert so not sure of the legislation to quote

lodger's link to shelter should have it somewhere

Thanks. I am pretty well versed on Section 21 and related parts of the Housing Act of 1988 -- part of my life I'll never get back :mad: -- but I wouldn't know what to cite with regards to the breakdown of the new AST negotiations and what my rights/responsibilities are there.

Back to google I guess...

In any case, thanks so much for your info.

BitterAndTwisted

I reckon the easiest way to procure a S21 Notice is to email the agents and ask for an extension to the AST as you now cannot find alternative onward accommodation in time and therefore will not be vacating at the end of the fixed-term. Hey presto! Section 21 Notice within 24 hours

essgtoem

lizzielondon wrote: »

whether or not your email is considered notice: did you give some kind of notice? did you say you were moving out? or did you just reject their new contract?

I simply rejected their new AST offer. They said they would issue terminating papers. I assumed that would be a Section 21 but it was just a letter saying they would be in touch with regards to re-letting the flat. At that point I re-started communication asking questions about Section 21. They skirted around my questions until they finally said they didn't need to issue one because the tenancy naturally expires and because I didn't renew the AST.

I kinda feel like I am between a rock and a hard place. I could really do with 2 months notice before having to move. But I don't really want to spend a small fortune hiring a solicitor to help me through this.

I appreciate everyone's help here and any more advice greatly welcome. Thanks!

essgtoem

BitterAndTwisted wrote: »

I reckon the easiest way to procure a S21 Notice is to email the agents and ask for an extension to the AST as you now cannot find alternative onward accommodation in time and therefore will not be vacating at the end of the fixed-term. Hey presto! Section 21 Notice within 24 hours

Do I need an extension? If I do nothing doesn't my lease become a statutory periodic tenancy anyway? This would be ideal (because the letting agent will charge a fee for an extension). Should I simply let them know I am not intending to vacate?

Also, is there any consequence to receiving a Section 21 to my record (other than I won't be getting a letter of reference from them)? It would not go on my credit report, would it?

Thanks!