End of Tenancy

fcfcp

So in my contract I have a 2 month notice that can only be served in line with a rent due date.

So what that means is that it has to be served at the 4th of any calendar month.

On the 22/04 I've sent a scan of my notice letter by email (I was out of the country) saying that I was leaving on the 22/06 and asked for an acknowledge of receiving that letter.

My agent replied with this:
"
In accordance with the Extension Agreement notice can only be served in line with a rent due date therefore please reissue your notice letter acknowledging that the notice will come into force on the 4th May 2013 and that the Tenancy will terminate on the 3rd July 2013. I will then respond to you with the end of Tenancy procedure.
"

I was in and out of the Hospital at the moment, I really believe that I replied to that email saying that it was ok.

But today I've email them again asking about the end of tenancy and the agent says he didn't got my reply, and the truth is can find it on my sent emails, even if I really believe I did so.

Anyway, how should I proceed, I did sent the notice letter and it was acknowledged, but If I go to the agent I'm sure is going to argue with that.

Any advice?

G_M

First, please confirm your tenancy status:
* fixed term? start date/end dtae?
* Statutory Periodic Tenancy (SPT) ie you had a fixed term but it has ended already
* Contractual Periodic Tenancy? ie you never had a fixed term

Do you pay rent monthly?

fcfcp wrote: »

So in my contract I have a 2 month notice that can only be served in line with a rent due date.
Likely this applies to the landlkord, not you. If you, unlikely it can be enforced. Most likely you need to give ONE month, in line with the tenancy periods (often but not always the same as rent date)

So what that means is that it has to be served at the 4th of any calendar month.
Is the 4th the first or last day of yout tenancy periods?

On the 22/04 I've sent a scan of my notice letter by email (I was out of the country) saying that I was leaving on the 22/06 and asked for an acknowledge of receiving that letter.
I hope you also posted it correctly to the address provided "for the serving of notices"....?

My agent replied with this:
"
In accordance with the Extension Agreement notice can only be served in line with a rent due date therefore please reissue your notice letter acknowledging that the notice will come into force on the 4th May 2013 and that the Tenancy will terminate on the 3rd July 2013. I will then respond to you with the end of Tenancy procedure.
"

I was in and out of the Hospital at the moment, I really believe that I replied to that email saying that it was ok.

But today I've email them again asking about the end of tenancy and the agent says he didn't got my reply, and the truth is can find it on my sent emails, even if I really believe I did so.

Anyway, how should I proceed, I did sent the notice letter and it was acknowledged, but If I go to the agent I'm sure is going to argue with that.

Any advice?

subject to the clarifications requested:
1) Notice needs to be posted, 1st class (with proof of posting NOT recorded delivery)
2) If you serve notice correcly now (or by 4th June), your notice will expire in a month, on 3rd July
3) when serving notice, refer to the case of Laine and Mitchellv Cadwallader & Cadwallader (2001) (Court of Appeal) which established that a tenant must give ONE tenancy Period notice.

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?)

BobQ

OP

Aside from the specific question which G_M is answering for you, please get it into your head that any official communication of importance should be sent by post recorded delivery (ie signed for) if you need proof of delivery.

G_M

BobQ wrote: »

OP

Aside from the specific question which G_M is answering for you, please get it into your head that any official communication of importance should be sent by post recorded delivery (ie signed for) if you need proof of delivery.

Have to advise to thecontrary:

* yes, by post
* but no, not by signed for recorded delivery

If the LL/agent is away, or chooses not to sign, the letter will be returned undelivered and notice will not have been served.

Send 1st class from a post office and request "proof of posting". The courts consider a 1st class letter as delivered 2 postal days later.

For 100% guarantee some people recommend sending a duplicate letter from a different post office.