notice to quit?????????????????????????

kaceemckay

hi all,

i signed a short assured tenancy on 13/2/12 for 6 months at which time agent issued me a notice to quit telling me to vacate by 13/8/12.

but it also says in lease i need to give to months notice, i was wondering if i move out on 12/8/12 would everything be ok as iv told them in an email intend to do so or do i need to issue them two months notice as it says in lease even though they issued a notice to quit by the 13/8/12

it just seem to me to be a contradiction but welcome any thoughts on this please.

marliepanda

You can move out on the 12/8/12 with zero notice given. It is the end of your tenancy, you can just leave.

You do not need to give ANY notice that you intend to leave at the end of a fixed term. You have emailed them and told them, which was nice of you, but you were not required to do so.

So yes, you can leave on the 12/8 if you wish!

kaceemckay

thanks for the quick reply

jamie11

kaceemckay wrote: »

hi all,

i signed a short assured tenancy on 13/2/12 for 6 months at which time agent issued me a notice to quit telling me to vacate by 13/8/12.

but it also says in lease i need to give to months notice, i was wondering if i move out on 12/8/12 would everything be ok as iv told them in an email intend to do so or do i need to issue them two months notice as it says in lease even though they issued a notice to quit by the 13/8/12

it just seem to me to be a contradiction but welcome any thoughts on this please.

The notice (I assume a S21(1)(b)) is going to be invalid anyway. If it was issued before the deposit was put into a protection scheme and you had been given the prescribed information.

This is a common tactic by agents to try to make you pay extra fees to sign up for another fixed contract.

As said above, you can leave on or before the last day of the agreement without further notice but you don't have to, neither do you have to sign another fixed term if it does not suit you, if the agent starts pestering you just post again and we'll guide your response.

theartfullodger

OPs name & "short assured tenancy" indicate this is probably Scotland.

McKay is this Scotland??If so s21 won't apply.

Also in Scotland leaving at end of fixed term DOES require notice by tenant. McKay what was the wording of agent's NTQ? (Don't post address or names)

kaceemckay

thanks for all the input eyeryone.

i should have made it clear its in scotland (well spotted theartfullodger)

the notice reads

i hereby give you formal notice to quit the premises occupied by you at @@address@@ by 13 august 2012

if a landlord issues a notice to quit but does not seek to gain possession of the property, the contractual assured tenancy which has been terminated will be replaced by a statutory assured tenancy and may seek an adjustment in rent.

yours etc etc





i just assumed when signing lease and beeing handed notice to quit at same time that i could just leave on that date.

i have a guarantor and dont want him to have any hassle so need to do it all to the letter of the law.


thanks

pmlindyloo

Here is the link for Shelter (Scotland) for short assured tenancies:

http://scotland.shelter.org.uk/get_advice/advice_topics/renting_rights/renting_from_a_private_landlord/short_assured_tenancies

If you are still confused then I suggest you give Shelter a call and ask.

theartfullodger

kaceemckay wrote: »

....
the notice reads

i hereby give you formal notice to quit the premises occupied by you at @@address@@ by 13 august 2012

......
...

I'm pretty (say 90%) certain you;d have to give notice also, 40 days so getting tight .. see.
http://scotland.shelter.org.uk/get_advice/advice_topics/renting_rights/renting_from_a_private_landlord/short_assured_tenancies#4

Interesting: Suggest 'phone Shelter & ask them, 0808 800 4444: Expect a wait for this excellent but overworked charity

The rules on what notices a landlord needed to serve changed in the last year or so. IIRC the NTQ is only valid (for LL) if he can PROVE he served an AT5 on you before you signed the tenancy agreement.

Cheers!