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STP advice - whose notice period takes priority
jimbobjoylove
Posts: 21 Forumite
Cutting a long story short, we're now in an STP and the landlord has given us two months notice to leave.
However, we're likely to hand in our 1 months notice very soon - since the landlord has already served the two months, if we hand in our one months will it overwrite theirs?
Surely by them serving the notice, it doesn't lock us in to their period?
However, we're likely to hand in our 1 months notice very soon - since the landlord has already served the two months, if we hand in our one months will it overwrite theirs?
Surely by them serving the notice, it doesn't lock us in to their period?
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Comments
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assuming both notices are correctly timed (yours is 1 month ending on a rental period date, LL's may only be 2 calendar months - if done correctly) the effective notice is whichever ends first
in reality that should be yours0 -
A section 21 notice has no effect on the tenancy, so it does not really matter.
However, your notice to quit will end the tenancy on expiry, whether that happens before or after the s.21's expiry.
If you intend to leave it is wise for you to serve notice to ensure there is no question that the tenancy has ended.0 -
The notice they give you is just the earliest indication of the date on which they may decide to seek possession of the property. It doesn't lock you into anything. It doesn't even end the tenancy unless you agree to it by leaving (only a trip to court would do that, in the end).
However, be aware that the notice periods are not necessarily 2/1 months. They can be 2/1 months to coincide with rental periods.
I think the rulings on this actually changed recently, I'm not aware of what the latest advice is. May not matter, but thought I would mention it.0 -
jimbobjoylove wrote: »Cutting a long story short, we're now in an STP and the landlord has given us two months notice to leave.
However, we're likely to hand in our 1 months notice very soon - since the landlord has already served the two months, if we hand in our one months will it overwrite theirs?
Surely by them serving the notice, it doesn't lock us in to their period?
Your one month's notice must coincide with your rental period (not your payment day)
So if your fixed tenancy period ended on, for example, 22/05/2014 your periodic tenancy started on the 23 /05/2104.
read this:
http://forums.moneysavingexpert.com/showpost.php?p=524214750 -
Not changed. Clarified. The law was always as it was and still is - it's just that there was widespread misunderstanding amongst tenants, landlords, agents, legal professionals etc and that was clarified by the Court Of Appeal (Spencer V Taylor).princeofpounds wrote: »
I think the rulings on this actually changed recently, I'm not aware of what the latest advice is. May not matter, but thought I would mention it.
The clarification affected S21 Notices, so only applied to landlords. Notice by tenants was unaffected.
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