Notice Period on AST moving to SPA

G_M

Well, as I said, most LLs/agents just asume notice must be served on/before the last day of a tenancy period (so can't be served till the end of the 1st month of a periodic, to exire at the end of the 2nd month).

Whatever the truth about Crate v. Miller, you could quote it and bluff! If you manage to convince the agent it allows you to serve notice on the first day, then good on you!

Indeed, even if I am right, and Crate v. Miller does allow notice to be served on the 1st day of a period (1 months notice, ending on the 1st day of the next period) the agent might not believe this as it is little known (hence the debate here!) & you'd still have a fight. Court is a final option but not a recommended one.

But you've then got a month to argue/convince them. If you fail, remember to re-serve notice on/before the 11th July!

The other option is to contact the LL direct and see if he'll consent to end the tenancy when you want. With consent, you can agree any date you wish.

jjlandlord

Where is the debate?
Crate v. Miller is from 1947 and the landlord served notice well in advance.

Assuming there is a case law that says that a notice to quit may be served on the first day of a period to end the temancy on expiry of that period it is not Crate v. Miller.

Annie1960

sauceychoco wrote: »

I've now put myself in bad position, signing a new AST with another property and having the two overlap by more than a month. Not sure what to do next

What to do next? Give Shelter a ring and ask them. They will have a lot more experience of this.

http://england.shelter.org.uk

rpc

sauceychoco wrote: »

However the address listed is incorrect as the Agency moved their offices.

The whole point of an address for the service of notices is that it is the address notices must be served to.

It is the responsibility of the LL to ensure that notices served to that address are received - a notice sent to any other address has not, strictly, been served. You might choose to send an additional copy (for example, to the landlord) but the effective notice should be sent to the stipulated address.

jjlandlord

If OP knows that the agency has moved, I guess it means that he was notified of it. In effect the address given in agreement was superseded.

It is in the interest of the person who serves notice to ensure that it is received. Addresses known to be obsolete should only be used if no alternative was provided.

sauceychoco

jjlandlord wrote: »

If OP knows that the agency has moved, I guess it means that he was notified of it. In effect the address given in agreement was superseded.

It is in the interest of the person who serves notice to ensure that it is received. Addresses known to be obsolete should only be used if no alternative was provided.

I was informed of the new address and its only about 10 miles for the original address so not an issue to give notice there. I wasn't sure if it made any difference with what I do.

Can I also ask about your response regarding the notice to quit? Forgetting about Crate v. Miller, do you know of any reason why I wouldn't be able to serve notice on the first day of a period tenancy? Must it always be before a new periodic starts (so at least the day before) from within an existing periodic period?

I'm presuming my issues is I'm moving from a AST which has a two month clause into a periodic which require a full period notice, served before the start of the period.

Annie1960

From Shelter's website:

http://england.shelter.org.uk/get_advice/private_renting/ending_a_tenancy/ending_a_fixed_term_agreement


What happens if your agreement is about to end?
If your agreement is for a fixed term (eg 6 or 12 months) you can usually leave on the last day of the fixed term without giving notice.

If you intend to do this, first check your tenancy agreement and make sure there isn’t a requirement for you to give notice. It’s always best to speak to your landlord and get advice if you’re not sure.

Should you stay beyond the end of the fixed term - even for just one day - you will automatically become a periodic tenant. Your tenancy will run from month to month or week to week, and you will normally be able to give either 1 months’ notice or 4 weeks’ notice to end it. Your landlord can usually end a periodic tenancy by giving you 2 months notice. Most of your other tenancy rights will stay the same.

It’s common for landlords to ask you to sign a new fixed-term tenancy agreement at this point. But some will just let the tenancy keep going on a periodic basis.



LL needs to give 2 months notice, you just need to give one.

Please take advice from Shelter before believing that you must give 2 months' notice.

rpc

sauceychoco wrote: »

I was informed of the new address and its only about 10 miles for the original address so not an issue to give notice there. I wasn't sure if it made any difference with what I do

If you were given a new address, then that "updates" the address for service on the contract.

sauceychoco

Annie1960 wrote: »

LL needs to give 2 months notice, you just need to give one.

Please take advice from Shelter before believing that you must give 2 months' notice.

Thanks Annie, I will be handing in 1 months notice by hand as of the first day of my periodic tenancy and will take it from there.

Annie1960

sauceychoco wrote: »

Thanks Annie, I will be handing in 1 months notice by hand as of the first day of my periodic tenancy and will take it from there.

Better to make sure, though, by giving Shelter a ring to confirm. Or, you could put the link to the Shelter information in your notice letter and let the agent challenge it.

You want to make sure you get your deposit back, so you need to be on the safe side here.