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Notice to leave
Trebor01
Posts: 234 Forumite
Hi, I am currently in an SPT and want to leave the property. Am I under any obligation to write to the landlord to tell him when I am going, and under what legal ruling is this required.
Also I am expecting there to be a check out process. Is the landlord or the agent obliged legally to let me know when this will take place so I can be there or am I expected to ask or make myself availbale if and when I am told. I am just concerned that they may go ahead without me and then I have no evidence to support property condition.
Thanks.
Also I am expecting there to be a check out process. Is the landlord or the agent obliged legally to let me know when this will take place so I can be there or am I expected to ask or make myself availbale if and when I am told. I am just concerned that they may go ahead without me and then I have no evidence to support property condition.
Thanks.
0
Comments
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Have a look here - G_M knows this stuff.....
http://forums.moneysavingexpert.com/showpost.php?p=52421475&postcount=6
Re thecheck out, have you got an Inventory? Don't think you have a legal right to be there (others may know for sure) but discuss it to see if you can be present. If for any reason you can't or it's done after you've gone, take loads of photos of the place before you leave. In fact take photos regardless so that if you do end up in dispute you have evidence...0 -
Yes. Housing Act 1988. It is one full rental period's notice.
As for check out, there is no obligation, but if they do not do it on exit then their standard of evidence is severely weakened. In that circumstance, you should do your own check-out, preferably with photo evidence.0 -
Thank you both very much indeed0
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Apologies for being pedantic/legalistic...princeofpounds wrote: »Yes. Housing Act 1988. It is one full rental period's notice.
Yes: "one full rental period's notice."
No: "Housing Act 1988" is silent on notice by tenants!
As per my post referenced above:
:dance:Statutory Periodic Tenancies were created by the Housing Act 1988 Section 5(3)(e). Section 21 (4)a, specifies 2 months notice, ending with a tenancy period, by the LL on the tenant. Unfortunately the Act does not specify how much notice a tenant must give a landlord. Recognising this, a Court of Appeal decision (see Laine v Cadwallader below), ruled that one month Notice, ending with a tenancy period, was requiredby a tenant (whatever the contract may say), based on common law.0
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