Notice to end tenancy - addressed to the letting agent

wanting_an_easy_life

rpc, it is also delivered before 12pm the following day (or there's a 9am version IIRC) so it's very quick to see if the LA got the letter or not (you can check online to see the signature)

Dreddnarz

So I emailed what was in my letter and got this reply:
"What is the reason that you did not understand the contents of my email back in Dec, 2 months before the lease was due to expire?"

(he was trying to say back then that even after our 12 month fixed term had expired we would need to give at least 2 months notice to leave)

My reply:
"We understood at the time that you were giving us incorrect information regarding notice periods once a fixed term contract has expired."

His final email:
"If you didn't understand back then, you should have asked. It was only last week that you first brought this up. Early Jan I also reminded you of the dates. Trying to manipulate the situation to suit your changed circumstances, is the truth. If I had have given you a months notice back in Dec, you'd be singing a different tune. My owners will not let this rest."


Do I just cease communication at this point? It's like banging my head against a brick wall...

sarah_barker

I feel your pain! We're in exactly the same disagreement with our diabolical LA. They just can't accept being wrong!

franklee

sarah_barker wrote: »

I feel your pain! We're in exactly the same disagreement with our diabolical LA. They just can't accept being wrong!

I'd say the same to both of you, please post any terms in the tenancy agreement about the tenancy continuing on a periodic tenancy after the fixed term. It might be that the tenancy agreement makes a contractual periodic tenancy arise, in which case the tenant would not be on a statutory periodic tenancy.

If on a contractual periodic tenancy then refer to the tenancy agreement for how the contractual periodic tenancy can be ended, it might say two months notice. If the tenancy agreement doesn't make a contractual periodic tenancy arise then you're on a statutory periodic tenancy and notice from the tenant is at least one whole period ending at the end of a period.

I'm not clear how anyone can be sure without seeing the relevant terms in the tenancy agreement.

Dreddnarz

The first page states:

"TERM:
Twelve Months
FROM:
1200 Midday on 5th February 2012
TO:
12:00 Midday on 4th February 2013
13,520 (Thirteen thousand, five hundred and twenty
Pounds) clear of all deductions for the duration of the
term."

The only thing close to what you ask is as follows:

"• Should the Tenant and Landlord enter into the agreement to extend or create a new Tenancy for a further term (the term being the period of one year less one day) such extension/ new Tenancy will contain all the like Obligations and provisions as herein contained."

franklee

If that's all there is about the tenancy continuing then I think you are indeed on a statutory periodic tenancy

sarah_barker

franklee wrote: »

I'd say the same to both of you, please post any terms in the tenancy agreement about the tenancy continuing on a periodic tenancy after the fixed term. It might be that the tenancy agreement makes a contractual periodic tenancy arise, in which case the tenant would not be on a statutory periodic tenancy.

If on a contractual periodic tenancy then refer to the tenancy agreement for how the contractual periodic tenancy can be ended, it might say two months notice. If the tenancy agreement doesn't make a contractual periodic tenancy arise then you're on a statutory periodic tenancy and notice from the tenant is at least one whole period ending at the end of a period.

I'm not clear how anyone can be sure without seeing the relevant terms in the tenancy agreement.

Our AST (one months written notice) states that if the tenant fails to renew the tenancy then it will fall onto a periodic tenancy in which both the tenant and the landlord are required to give two months notice of their desire to end the tenancy. Surely a periodic tenancy cannot supersede the AST in terms of increased notice...

Dreddnarz

franklee wrote: »

If that's all there is about the tenancy continuing then I think you are indeed on a statutory periodic tenancy

Given that, what would you personally do given my earlier question (copied below):

So I emailed what was in my notice letter and got this reply:
"What is the reason that you did not understand the contents of my email back in Dec, 2 months before the lease was due to expire?"

(he was trying to say back then that even after our 12 month fixed term had expired we would need to give at least 2 months notice to leave)

My reply:
"We understood at the time that you were giving us incorrect information regarding notice periods once a fixed term contract has expired."

His final email:
"If you didn't understand back then, you should have asked. It was only last week that you first brought this up. Early Jan I also reminded you of the dates. Trying to manipulate the situation to suit your changed circumstances, is the truth. If I had have given you a months notice back in Dec, you'd be singing a different tune. My owners will not let this rest."


Do I just cease communication at this point? It's like banging my head against a brick wall...

Thanks!

Dreddnarz

Any opinions on my last post?

My instinct is saying to just stop bothering to reply at this point...

Thanks in advance.

sarah_barker

Anyone...?