Tenant Help Please.

StuBM

BitterAndTwisted wrote: »

An "official email" is not giving formal WRITTEN notice.

I should have noted I have also sent the emails content by post today as well.

marliepanda

Send your notice in writing to your landlord.

What date did you start your tenancy?

Are you currently in a fixed term or your tenancy or rolling month to month?

These answers influence the advice you need. If they have already been posted apologies but I can't see them.

With regard to giving keys for viewings, you don't have to do that of you don't wish, and you certainly don't have to do it for free! Ask her to advise how much rent reduction she is offering for the disruption

StuBM

angrypirate wrote: »

As you are on a rolling contract, you need to serve your landlord with 1 periods notice IN WRITING. Not email. This needs to be a letter addressed to your Landlord on paper.

If your period is 1 month (ie you pay rent monthly) and it runs from the 1st of the month, you need to service this notice before 1st Dec to expire on the 1st January. If the period runs from the 29th of the month, then you need to serve notice before the 29th November to expire on the 29th December.

So does our notice in writing supersede the letter she sent us about vacating at the end of Jan, whether she thinks we agreed with it or not??

marliepanda

Yes, it does.

She gives you 2 months (she has to) you give 1 month.

All the crap about not raising rent and children's heights and blah blah is nothing. If you wish to respond, say you will be happy for her to get the keys at x time, and that you will be paying rent until you vacate the property and no longer.

She's ridiculous. Basically wants her house being paid for whilst she markets it to sell.

Assuming you are on a rolling contract (you've still not answered that question) you pay until the 29th

jamie11

StuBM wrote: »

So does our notice in writing supersede the letter she sent us about vacating at the end of Jan, whether she thinks we agreed with it or not??

Yes it does. If you don't end it yourself with proper notice she is entitled to think the tenancy is ongoing.

StuBM

marliepanda wrote: »

Assuming you are on a rolling contract (you've still not answered that question) you pay until the 29th

We signed a contract 9 years ago when we moved in, then paid her directly end of each month after that and cut out the estate agent. Never signed anything since or been asked too. So i would consider a rolling contract.

marliepanda

You are correct. Do you have any recollection or documentation stating what date you moved in, as this may determines your rental periods.

BitterAndTwisted

You are on a periodic tenancy bu the only question which needs to be answered is what are the the tenancy-periods? This is not necessarily always the same as the rent-due date. Consult your original tenancy agreement.

From the sound of it your tenancy periods run from the first to last days of the month, so if your notice is received by your landlord before the 30th of this month to leave by New Year's Eve at the latest you will have served the correct notice. Note: you will be liable for the full rent for the month of December regardless of the actual day you leave and hand back the keys.

Sinhanada

She is entitled to sell her house and has been fair to give you until the end of January to find somewhere else to live...however...the fact that you have given her six weeks should be more than sufficient, especially if you are on a rolling contract. If however, your contract runs until the end of January then I'm afraid you will need to pay until then.

Do you have a copy of your contract? Can you copy your contracts terms and conditions? If there is no contract then I think you are well within your rights to vacate at the end of December and hand her keys back with no further payment of rent

Mulder00

It appears she is appealing to you from a personal perspective rather than a business perspective by saying things like they've been fair to you for 9 years etc.

Your notice is your notice and it's fine AFAIK.

Personally what I would do is to play her own game back at her (over and above doing things the "proper" way in writing etc), and try and explain to her that her decision to sell is also putting you out as you have had to find a new place, find the money to pay for it, come up with the deposit, have the hassle and the expense of moving and that it was difficult to find a place with an occupation date that suits everyone and that you also have other costs such as furniture that might not fit etc. I would also make it very clear that you are actually making her life easier by ensuring the place is vacant in time for exchange to take place.