Giving notice and other stuff

BitterAndTwisted

If the agents are insistent about their crappy two month's notice they will attempt to deduct the extra month's rent from your deposit. Dispute that deduction with the deposit-protection scheme's arbitrators and see where that gets them.

Otherwise have a look at the Shelter website which I'm sure provides guidance.

To ensure that your notice is correctly and undisputably received I would advise you to send two copies from two different Post Offices by First Class mail and retain proof-of-posting.

G_M

owensmum75 wrote: »

Right.... further developments...

All the checks have come back fine (except the L/A one) so we're going to give notice. Despite my original T/A stating 2 months notice, we're giving one months notice as we are on a statuory periodic tenancy. Does any have a template for a letter? I'm hopeless at making sound like I know my rights!!

Thanks in advance!

LANDLORDS must give tenants notice in accordance with the Housing Act 1988.

Unfortunately there is no statute or Act that specifies how/when tenants must give notice. The law governing this is common law - ie what judges have decided over the last 500 years or so.

This has been ruled to be a full tenancy period (the 'term') - if you pay rent monthly then your term is a month. The 'term' starts on the day after your fixed term ends.

(Sourcebook on Land Law, S.H. Goo, 2002: "A notice [served by the tenant] to terminate a periodic tenancy can be given to take effect either on the last day of the term, or the anniversary of its commencement date, in either case the tenancy would end on the last day of the term".
For this, it cites Crate v Miller [1947] 1 KB 946, and Sidebotham v Holland (1895] 1QB 378.)


LETTER: Address it to the LANDLORD as named on the tenancy agreement, and at the address on the tenancy agreement:

Dear Mr Landlord,
Further to your notification concerning a rent increase, I regret I feel this is unjustified when compared with local market rents. I am therefore writing to advise you that I wish to terminate my tenancy.

In accordance with law, I am therefore giving a months notice to run from the commencement of my next monthly Term (1st October 2011) and expire at the end of that Term (31st October 2011).

I would remind you that despite the wording of clause X in my tenancy agreement, I am required to give only one full months notice, not two.

Accordingly I shall be vacating on or before 31/10/11). Perhaps nearer that date we can liaise regarding the completion of a check-out inspection at a mutually agreeable time on the 31st?

Following that, I trust my deposit will be released from the scheme with which it is registered without undue delay.

May I take this opportunity to thank you for your help over the last year or so.

Yours sincerely,

owensmum75

Now that's a letter! You obviously know a lot about this stuff and I really appreciate it! I would buy you a pint if I knew where you were so in the meantime have a virtual one! :beer:

owensmum75

We have now given notice to our current landlord using the marvellous letter given above...

Now we wait to see what they say! :eek:

owensmum75

owensmum75 wrote: »

We have now given notice to our current landlord using the marvellous letter given above...

Now we wait to see what they say! :eek:

Well they've advertised our house as available on their website so I can only assume they've accepted our months notice..
Can they show people around the property if I'm not there or do they have to have my permission?
:question:

kiddy_guy

Nope. You have right of quiet enjoyment. You can refuse all viewings if you want, irrespective of whether you are there or not.

http://legal-dictionary.thefreedictionary.com/Quiet+enjoyment

owensmum75

And we're moving!!!!!!! We've been approved by the new L/L and the old L/L has accepted our notice! We get the new house on 17th of October! *does a little dance* :dance:

owensmum75

:beer:

Contracts are signed aaaaaaaaaand we're off!!
Thanks again for everyones advice and stuff! You're all awesome!