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What Constitutes Notice from a Tenant?

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Comments

  • essgtoem
    essgtoem Posts: 17 Forumite
    Pepzofio wrote: »
    I could be wrong, but I don't think the two months has to tie in with a rental period if it is served within the fixed term?
    Yes, this is my understanding from all of my reading as well.
  • theartfullodger
    theartfullodger Posts: 15,883 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    essgtoem wrote: »
    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"?


    Absolutely not a surrender. The tenancy carries on as a "Standard period tenancy" but with all the other terms of the original tenancy on a month-by-month basis.. That's the law...


    Cheers!

    Lodger
  • sequence
    sequence Posts: 1,877 Forumite
    You absolutely have not served notice. They must issue you with a correct section 21. Then, if you don't leave after the expiry of that, they have to take you to court and get bailiffs to evict you.

    As is usual the LA is talking BS. Never trust a word out of a lettings agents mouth...
  • teeni
    teeni Posts: 1,193 Forumite
    Part of the Furniture Combo Breaker
    Pepzofio wrote: »
    I could be wrong, but I don't think the two months has to tie in with a rental period if it is served within the fixed term?

    You are not wrong provided s21 is issued in fixed term it does not need to end on last day of tenancy period.
  • Hi all. I wanted to post a quick follow up in case this thread is of help to others in the future. Thanks to everyone that replied -- all the info was super helpful. Following the advice here I stayed firm on the issue and insisted that I was going to continue paying the rent and continue into a periodic tenancy until the letting agent issued a Section 21. They eventually did which gave me (and the family) the extra time we needed to find a new property and will allow us to have a much less stressful move.

    I think the main lesson here is that some letting agents will do/say just about anything to squeeze extra money out of their landlords or tenants (which makes you wonder who it is they are working for -- themselves only it appears). But tenants should know their rights and not let letting agents tell them differently and tread all over them. This forum has been really great in helping me to understand my rights and I am grateful for everyone's help. Thanks so much!
  • essgtoem wrote: »
    Hi all. I wanted to post a quick follow up in case this thread is of help to others in the future. Thanks to everyone that replied -- all the info was super helpful. Following the advice here I stayed firm on the issue and insisted that I was going to continue paying the rent and continue into a periodic tenancy until the letting agent issued a Section 21. They eventually did which gave me (and the family) the extra time we needed to find a new property and will allow us to have a much less stressful move.

    I think the main lesson here is that some letting agents will do/say just about anything to squeeze extra money out of their landlords or tenants (which makes you wonder who it is they are working for -- themselves only it appears). But tenants should know their rights and not let letting agents tell them differently and tread all over them. This forum has been really great in helping me to understand my rights and I am grateful for everyone's help. Thanks so much!

    Quite right, well put... and good for you for sticking to your guns...

    Too many Tenants assume landlord and/or agent know what they are talking about and simply meekly go along with what is suggested. And surprisingly often the LL/Agent doesn't know what they are talking about (I'm a landlord, I've been there..) and asks for things incorrectly or illegally.

    Cheers & best wishes in your new home!

    Artful
  • Gwhiz
    Gwhiz Posts: 2,322 Forumite
    Part of the Furniture Combo Breaker
    Thanks for coming back to update us. This does not happen very often so it's appreciated :)
This discussion has been closed.
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