STP advice - whose notice period takes priority

jimbobjoylove

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?

booksurr

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 yours

jjlandlord

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.

princeofpounds

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.

pmlindyloo

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=52421475

G_M

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.

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).

The clarification affected S21 Notices, so only applied to landlords. Notice by tenants was unaffected.