Submitted notice - but in docs. it says they are serving me notice!

new2moneysavings

Last week I submitted a four week notice to leave my rented property. They then sent me the check out documents, and to my horror it included a document stating that they are serving me notice to vacate the property.

So, am I right, they are evicting me even though I was the one that gave them notice to vacate the property?

The wording in the letter states "the landlord terminates your tenancy at (address) " And the subject line says "Notice to quit"

I am horrified as they are making it look like they are evicting me, even though I gave them notice.

All I have is an email communnication from myself giving them notice that I plan to vacate the property.

Granted, I also have an email communication from the letting agency thanking me for providing my notice and that they accept the leave date that I provided. However, it is not signed, so am not sure if it is considered a legal document.

So, what do you think I should do? Are they evicting me?

When future letting agents contact them for a reference, they will be provided with the details in my file. That is, I was asked to leave!

Horrified.com

Werdnal

Have you asked them why they have done this? We can't ask them for you - ring them and find out!

Could be just some numpty in the office sent you the wrong forms.

By the way, are you sure 4 weeks notice is correct? On a monthly tenancy it is normally a full calendar month. I assume you are on periodic tenancy, so this must also end in line with a tenancy period/rent due date.

Does your tenancy specify email notice is acceptable? It normally has to be by post in writing - otherwise I could email your agents telling them you were leaving as there is no verification where the email originates from.

Your notice may infact be invalid.

Herbalus

new2moneysavings wrote: »

When future letting agents contact them for a reference, they will be provided with the details in my file. That is, I was asked to leave!

Firstly, you emailed the letting agent to give notice, which isn't legally binding as you have to write a letter to the address on your tenancy agreement to leave. Their form could be an official way of doing it.

Or, it could simply be confirmation/agreement that you are leaving, and not an actual eviction, but stating that you are leaving and you no longer have a contract with the landlord. I don't know because I can't see the form.

Or, if you are being asked to leave, there are a number of perfectly legitimate reasons why a landlord no longer wants a tenant e.g. selling the house, wants to move back there himself, moving abroad etc. It doesn't mean you were a bad tenant.

new2moneysavings

Hi werdnal, Yes, i asked them - and they said it was to ensure that I leave on the specified date!
Their process of notice, is to send an email to their team.

new2moneysavings

Hi herbalus, emails arent legally binding, darn it! But thats how they request notice to be served. The letter that they included in the check out was a notice to quit. Section 33 1 (d) Grrrr! The date on that letter is the same date that I requested to leave in my notice.

thesaint

What does your tenancy agreement state about serving a notice to end the tenancy?

RAS

Hi

If they request notice by e-mail, then that should be fine as long as it was sent to the address for the serving of notices.

Just that e-mail is not generally regarded as legal binding in the same way (think this is the first time I have encountered this being requested by an agent).

This probably explains why they issue a responding notice to quit.


Section 33 - this is Scottish law? Very very different and you need to add that to the thread title.

G_M

1) Make sure you have given the correct Notice. I assume you pay rent weekly if you have given 4 weeks notice?

Read:
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?)



2) Your Notice should have been written, to the address provided.

3) Ignore their Notice. Itdoes notin any case appear tobe valid (no such thing as a 'Notice To Quit') Just rely on your own (assuming you got it right!)

I also have an email communication from the letting agency thanking me for providing my notice and that they accept the leave date that I provided.

that should suffice even ifyou got your notice wrong. They have agreed your tenancy end date.