Notice to quit/leave help please.

paddedjohn

My daughter has been renting a house for 4 years and is planning to leave in a few months and is now on a periodic tenancy. She has had a fall out with the agents over repairs and they have now rang her up and told her that they are giving notice for her to leave in 2 months and that they will doing viewings at their convenience.
I know she doesnt have to allow viewing if she doesnt want but my question is about the notice. Is it legal to give notice over the phone? does she have to have it in writing? and does the 2 months run from receipt of notice or from her normal rent due date?
cheers.

G_M

paddedjohn wrote: »

.... Is it legal to give notice over the phone?
No.
does she have to have it in writing?
Yes
and does the 2 months run from receipt of notice or from her normal rent due date?See below
cheers.

Does she have a fixed term tenancy or is it Periodic?

Read this post here for full explanation.

paddedjohn

So does that mean that the 2 months start on receipt of written notice or is it 2 months from her rent due date? eg her rent is due on the 16th so notice runs out on 16th july if served on 25th April?

Edit to add, reread your link and ive found the relevant info, thanks.

m0bov

Get her to change the barrel of the lock and if they try to force entry or turn up with a viewing and kick off, to call the police. Been lots of reports on here of people waking up to a viewing in their flat!

paddedjohn

Thanks for the help so far, ive just found out that she changed her rent date from the 4th to the 14th after about 2 years and she paid an extra 10 days rent to allow this to happen. Her rent is now payable on the 14th of each month and has been for 3 years so is this the date her notice will start/end or is it her old date of the 4th?

Yorkie1

Rent date is irrelevant. What was the date of expiry of the last fixed term?

Fire_Fox

paddedjohn wrote: »

My daughter has been renting a house for 4 years and is planning to leave in a few months and is now on a periodic tenancy. She has had a fall out with the agents over repairs and they have now rang her up and told her that they are giving notice for her to leave in 2 months and that they will doing viewings at their convenience.
I know she doesnt have to allow viewing if she doesnt want but my question is about the notice. Is it legal to give notice over the phone? does she have to have it in writing? and does the 2 months run from receipt of notice or from her normal rent due date?
cheers.

Why is she disputing repairs with the letting agents? It is the landlord who is the liable party, she should be writing to them using the address at which to serve notice on the tenancy agreement.

The section 21 must be in writing, they cannot do viewings if your daughter refuses them. If properly served notice she should write to the letting agent clearly stating she is invoking her 'right to quiet enjoyment' for the remainder of the tenancy. Also change the barrel of the lock, cheap and easy, change back when she leaves.
http://www.landlordzone.co.uk/notice_to_quit.htm
http://www.landlordzone.co.uk/residential_tenancies.htm

tbs624

Fire_Fox wrote: »

.
http://www.landlordzone.co.uk/notice_to_quit.htm

Do wish LLzone would update the sloppy contents of this link - for the following reasons:

(1) NTQs are not applicable to AST agreements
(2) the wording suggests that mere service of a S21 by a LL will bring the tenancy to an end - it won't, unless the T agrees to go. LL must of course seek a court order to enforce.

They should also correct the spelling of "intension (sic) to seek possession". LL may well be feeling some tension but it's his/her "intention" .......

tbs624

paddedjohn wrote: »

Thanks for the help so far, ive just found out that she changed her rent date from the 4th to the 14th after about 2 years and she paid an extra 10 days rent to allow this to happen. Her rent is now payable on the 14th of each month and has been for 3 years so is this the date her notice will start/end or is it her old date of the 4th?

See Yorkie1's post ( no 6).

Under a stat periodic the tenancy terms run on from the day after the expiry of the preceding Fixed Term: thus if FT with rent payable monthly ended on 15th of the month, subsequent tenancy periods run from 16th of one month to the 15th of the next. Unless a LL and T agree otherwise
( and get it in writing if s/he does) these are the relevant dates for timing of notice. Sometimes these dates will match up with rent due date and sometimes they won't.

Yes, notice from either party should be given in writing, not by text or phone call.

No, LA/LL may not conduct viewings "at their convenience" whilst your daughter is still living there. They are foolish to suggest that they can, especially in these cirumstances.

Has the tenancy deposit been dealt with correctly - scheme registered *and* the prescribed information provided to your daughter?

Daughter of course does not have to move out until LL obtains a court order, even if s21 served correctly. It merely gives the date "after" which the LL may apply to the court for repossession

thesaint

Notice can be given by phone(it is neither illegal or unlaawful), but the tenant is free to not accept it.

What does the tenancy agreement state about access for viewings?

martinsurrey

thesaint wrote: »

What does the tenancy agreement state about access for viewings?

That is irrelevant.

There is a statutory right for a tenant to have peaceful enjoyment of a property while it is their home.

A clause in a tenancy agreement cannot override these statutory rights so they it could say “we can enter the property whenever we like day or night” but its completely invalid and unenforceable.