Notice Period on AST moving to SPA

Kynthia

I think they are technically correct in most of what they say. The problem is that you wish to leave after just one month into an SPT which is tricky to do correctly. You wouldn't have this trouble any other time.

You are trying to end an SPT using the notice rules of an SPT, but you aren't yet in one. You are still in your fixed term contract which requires two months notice, unless you leave at the end of it. Of course there wouldn't be a problem if the LL decided to accept your notice, but their agent seems to be refusing.

As I see it you have three options:
1. Leave at the end of your notice and dispute them keeping your deposit in lieu of a months rent. Risky as the deposit scheme or court May side with the LL.
2. Contact the LL direct and see if they'll accept your notice. However you may not have their details or they may not accept.
3. Serve notice on the first day of the SPT to end it at the end of that rental period (12th June to end 11th July). Written notice is deemed served two working days after it is posted first class (obtain the free proof of posting from the PO and send two copies). However some argue that as it was written before the SPT formed the safest way is to hand deliver the notice with a witness during working hours. Now they are arguing you can't end the SPT with one months notice on the first day of a rental period but you can.

G_M

You are still in your original fixed term AST. You therefore cannot give notce to end any subsequent Statutory Periodic Tenancy, since the SPT has not yet commenced.

You need to serve notice (one full tenancy period) as soon as the SPT starts (12/6/14) to end on 11th July.

You can refer to the case of [FONT=&quot]Crate -v- Miller[/FONT][FONT=&quot] [1947] [/FONT] which ruled that notice can be served on either the last, or first day of a tenancy period. Thus service on 12th June to end the SPT on 11th July will be one full tenancy period, thus valid.

Note service on or before 11th June will not be valid.

Note service on/after 13th June will not be a full tenancy period, so the tenancy would continue till the following month (11th Aug).

According to your tenancy agreement, "any notice is an original signed letter and sent to the Agent ensuring adequate delivery time by signed for post, courier, or is delivered by hand." Email does not comply.

The only way to guarantee service on the correct date (12th June) is to hand deliver. Get a receipt, or have a witness.

G_M

Kynthia wrote: »

I think they are technically correct in most of what they say. The problem is that you wish to leave after just one month into an SPT which is tricky to do correctly.

You are trying to end an SPT using the notice rules of an SPT, but you aren't yet in one. You are still in your fixed term contract which requires two months notice, unless you leave at the end of it. Of course there wouldn't be a problem if the LL decided to accept your notice, but their agent seems to be refusing.

As I see it you have three options:
1. Leave at the end of your notice and dispute them keeping your deposit in lieu of a months rent. Risky as the deposit scheme or court May side with the LL.
2. Contact the LL direct and see if they'll accept your notice. However you may not have their details or they may not accept.
3. Serve notice on the first day of the SPT to end it at the end of that rental period (12th June to end 11th July). Written notice is deemed served two working days after it is posted first class (obtain the free proof of posting from the PO and send two copies). However some argue that as it was written before the SPT formed the safest way is to hand deliver the notice with a witness during working hours.

You got their 1st Kynthia, but I'd advise agianst post due to the importance of the precise timing of the service.

G_M

sauceychoco wrote: »

Ok, can I just date the notice letter as the 12th and hand in sooner? it seems odd that I can only give notice on the exact day.

:rotfl::rotfl::rotfl:

:T:T:T

Sorry - the law does not work like that....

Kynthia

G_M wrote: »

You got their 1st Kynthia, but I'd advise agianst post due to the importance of the precise timing of the service.

Yes it's hard to know whether the deposit scheme would accept postal notice in this scenario, but I included it incase the OP is unable to hand deliver notice on the precise day required.

sauceychoco

G_M wrote: »

:rotfl::rotfl::rotfl:

:T:T:T

Sorry - the law does not work like that....

Oh well, at least I thought to check!

Ok, so handing in a notice by hand on the 12th it is.

Can I ask why the Agent is saying this?

"Once the initial 12 months has lapsed (i.e. after the 11th June 2014) your tenancy will become periodic. This means that you can give one month’s notice from a rent due date. For example, if you gave notice on the 12th June, this wouldn’t take effect until the 12th July so your last day would be the 11th August."

jjlandlord

G_M wrote: »

You can refer to the case of [FONT=&quot]Crate -v- Miller[/FONT][FONT=&quot] [1947] [/FONT] which ruled that notice can be served on either the last, or first day of a tenancy period. Thus service on 12th June to end the SPT on 11th July will be one full tenancy period, thus valid.

No, it is the expiry date that can be given as the last day of period or first day of following period to mean that tenancy will end on last day of period.

Annie1960

sauceychoco wrote: »

Oh well, at least I thought to check!

Ok, so handing in a notice by hand on the 12th it is.

Can I ask why the Agent is saying this?

"Once the initial 12 months has lapsed (i.e. after the 11th June 2014) your tenancy will become periodic. This means that you can give one month’s notice from a rent due date. For example, if you gave notice on the 12th June, this wouldn’t take effect until the 12th July so your last day would be the 11th August."

The LA is pushing their luck and hoping you will just comply with what they are saying.

G_M

sauceychoco wrote: »

Can I ask why the Agent is saying this?

"Once the initial 12 months has lapsed (i.e. after the 11th June 2014) your tenancy will become periodic. This means that you can give one month’s notice from a rent due date. For example, if you gave notice on the 12th June, this wouldn’t take effect until the 12th July so your last day would be the 11th August."

Because they do not know that:

the case of [FONT="]Crate -v- Miller[/FONT][FONT="] [1947] [/FONT] which ruled that notice can be served on either the last, or first day of a tenancy period.

Landlords and agents often have insufficient knowledge of the law, so refer to the case by name.

You may have an argument, but at least you will win if it goes to court!

jjlandlord

G_M wrote: »

Because they do not know that:

Landlords and agents often have insufficient knowledge of the law, so refer to the case by name.

See post #18