Notice To Quit

7Seven_2

Looking for some advice regarding a notice to quit.


This morning I received notice to quit the property Myself & my family live at.

We signed the tenancy in May 2012 for 1 Year.

the notice reads:

Notice to Quit

1. To:____ Myself & Partner
2. Address:____ The Property

I hereby give notice to quit and deliver up possession of the premises situated at:

_____The Property_____

In the County Borough of *Local Council* Which you hold of
* Housing Association Name * as tenant thereof on the

___29/04/13__

Or at the end of the week of your tenancy which will expire after the end of four weeks from the service of this notice.


NB: acceptance of rent. whether arrears or current rent, during the currency of or after the expiration of the notice to quit does not mean that the notice to quit is withdrawn or that a new tenancy has been created.

Schedule

Prescribed Information

1. If the tenant does not leave the dwelling, the Landlord must get an order for possession from the court before the tenant can lawfully be evicted. The landlord can not apply for such an order before the notice has run out.

2. A tenant who does not know if he/she has any right to remain in possession after a notice to quit runs out, or is otherwise unsure of his/her rights can obtain advice from a solicitor.

help with all or part of the cost of legal advice and assistance may be available under the legal aid scheme.

he/she should be able to obtain information from a CAB, a housing Aid center, rent officer or rent tribunal officer.

signed:

contact details:




we are 100% up to date with rent
and have had no problems at all with the housing association/neighbours


we cant get hold of anybody until Tuesday due to the holiday


just unsure of where we stand

any advice?

Thanks everyone.

G_M

Since you give no details of your tenancy it is hard to comment. But this should help:

Ending/Renewing an AST (what happens when the Fixed Term ends?)(What is a Periodic Tenancy?)(How can a LL remove a tenant?)(How can a tenant end a tenancy?)

7Seven_2

what details would be helpful?

I have looked through my tenancy agreement and cant see anything
about them giving notice to quit as the norm

My only theory was:

as this initial 12 month tenancy draws to a close
they send notice to quit in which time I either leave
or sign a new tenancy at the property.

how likely is that theory?

the thing is as we are up to date with rent
if they were to move us out
due to our circumstances they would be liable to re-house us

seems a bit of a hassle to remove us and then re house us
when we are more than happy to stay..

mildredalien

Have you spoken to your housing association to find out why they are giving you notice?

Kynthia

Please give us the date your tenancy agreement began, an end date if it has one and whether your deposit was protected.

Your landlord can't end your tenancy, only the tenant and a court order can. Therefore even if the notice is valid you would be within your rights to not leave and wait for a possession order, court bailiffs, or at least a court date if you were worried about causing bad feeling.

Werdnal

mildredalien wrote: »

Have you spoken to your housing association to find out why they are giving you notice?

Re-read OP's posts - they are closed until after Easter so cannot contact them until Tuesday!


OP, I am not sure what the terms of tenancy for housing association properties are and whether they differ from other forms of AST, but the legal and standard notice is normally 2 calendar months from date of service, so the wording of this notice does sound odd.

I suggest you try to ignore it for the time being and enjoy your weekend, then contact them first thing on Tuesday, as without knowing reasons (possibly even an admin/computer error), we cannot advise or comment further.

When you say your rent is always paid, are you sure its actually gone from your account? If you pay by SO, it is not unheard of for banks to mess up and people sit back blissfully unaware until someone shouts about a bill not being paid.

Please come back and let us know what they say when you have contacted them, and we may be able to give you some further advice. In the meantime, you can contact "Shelter" or look on their website (Google it) to gen up on your rights.

Werdnal

Kynthia wrote: »

Please give us the date your tenancy agreement began, an end date if it has one and whether your deposit was protected.

Your landlord can't end your tenancy, only the tenant and a court order can. Therefore even if the notice is valid you would be within your rights to not leave and wait for a possession order, court bailiffs, or at least a court date if you were worried about causing bad feeling.

Excellent advice, but as we do not know the specific terms of OP's tenancy - it seems to be a Housing Association - then the normal rules may not apply. OP should contact them on Tuesday and report back to us!

pmlindyloo

Are you in a Starter tenancy? Look on your tenancy agreement and then see here : http://england.shelter.org.uk/get_advice/renting_and_leasehold/housing_association_tenancies/starter_tenancies

if you are in England. (Haven't checked if this applies to Scotland)

If you are in a Starter tenancy them you can be evicted as if you were in an Assured Shorthold tenancy agreement.

It does say that you must be given 2 months notice. Without knowing your exact dates then it is difficult to judge if the notice has been served correctly.

owitemisermusa

Kynthia wrote: »

Please give us the date your tenancy agreement began, an end date if it has one and whether your deposit was protected.

Your landlord can't end your tenancy, only the tenant and a court order can. Therefore even if the notice is valid you would be within your rights to not leave and wait for a possession order, court bailiffs, or at least a court date if you were worried about causing bad feeling.

Werdnal wrote: »

Excellent advice, but as we do not know the specific terms of OP's tenancy - it seems to be a Housing Association - then the normal rules may not apply. OP should contact them on Tuesday and report back to us!

I'm not sure about these comments.

We don't know the specifics of the OPs situation but a blanket statement urging them to stay put inspite of what appears to be a properly served notice (AFAICS) doesn't sound appropriate.

Are you advising ALL tenants to ignore quit notices?

7Seven_2

Are you in a Starter tenancy? Look on your tenancy agreement and then see here

if you are in England. (Haven't checked if this applies to Scotland)

If you are in a Starter tenancy them you can be evicted as if you were in an Assured Shorthold tenancy agreement.

It does say that you must be given 2 months notice. Without knowing your exact dates then it is difficult to judge if the notice has been served correctly.

I'm in Wales ( Rhondda Cynon Taff Council )

Tenancy was signed 8th May 2012
Assured Shorthold Tenancy

no tenancy end date or even a period
which I assume was a year
but is not mentioned anywhere in the agreement.

Thanks for the help so far guys
I will of course report back on Tuesday

I suggest you try to ignore it for the time being and enjoy your weekend, then contact them first thing on Tuesday, as without knowing reasons (possibly even an admin/computer error), we cannot advise or comment further.

Easier said than done haha

will be worried sick until I know where I am with it all

Fingers crossed!

theartfullodger

What SORT of tenancy have you got.. housing association tenancies can be

Starter tenancies

Assured tenancies

Assured shorthold tenancies

Secure tenancies

Demoted tenancies

- and the rights, notices & eviction processes will be different for each sort..see..
http://england.shelter.org.uk/get_advice/renting_and_leasehold/housing_association_tenancies

Please answer then perhaps we can help: Without knowing it's kinda hard...

Have there been any disputes with the housing association???

Cheers!

**edit** I see you have AST;

Weird, a Notice to Quit will have no effect on an AST. A Section 21 notice however would.. Does it say section 21 anywhere????