Should i pre warn my LL about handing in my notice

kinger101

jjlandlord wrote: »

It's fortunate that this is not contrary to the law, then.

If you refuse entry to the letting agent, they are trespassing.

jjlandlord

kinger101 wrote: »

If you refuse entry to the letting agent, they are trespassing.

If there is a reasonable clause granting a right of access then they are not...

kinger101

jjlandlord wrote: »

If there is a reasonable clause granting a right of access then they are not...

Not sure if I agree. If I get the notice letter and then phone the LA and tell them they can't come in, I've at most breached a tenancy agreement. Entering the property after I've refused would still be trespass in that situation. Many say the "24 hours notice" clause won't stand anyway, because it violates the right to the quiet enjoyment of the property.

Guest101

jjlandlord wrote: »

If there is a reasonable clause granting a right of access then they are not...

Not so, but can't be bothered to argue this again. Case law will eventually exist to clarify this

jjlandlord

Guest101 wrote: »

Not so, but can't be bothered to argue this again.

I'm just quoting the legal position again and again... If you can't be 'bothered' that's not my problem.

kinger101 wrote: »

Many say the "24 hours notice" clause won't stand anyway, because it violates the right to the quiet enjoyment of the property.

'Many'... But wrong.

Gonzo1987

woaaah, I have no problem giving access when I have notice about it! I just never get given the notice which is ever so slightly different.

I have a horrible feeling I may have to give 2 months notice which means I'll have moved out 6 weeks prior to the end of the tenancy so the last 30 days and allowing access for viewings will be a non-issue, I won't be there. - also I'm pretty sure my tenancy states having to inform the LL of if I'll be gone from the property for more than 30 days which I will kind of, as I'll have moved out, but I'll routinely being going back to clean/tidy/collect post until the contract has come to an end - is this just an insurance thing for the LL ?

Guest101

jjlandlord wrote: »

I'm just quoting the legal position again and again... If you can't be 'bothered' that's not my problem.



'Many'... But wrong.

As you well know there is some debate on this subject. The conflict between quiet enjoyment and contract law. These are not mutually applicable and often contradict each other, when so, a court can decide on the correct approach.

The right approach is for both parties to be reasonable, however if the ll or his agent entered without permission claims for theft, harassment and trespass are likely. The police may take these seriously.

The added problem for the LL is if the problem has reached such a low point, that it is likely the tenant would leave the property in a less marketable state for viewings, untidy or dirty, and or place inappropriate adult material on show. Both of which they are at liberty to do.

I 'cannot be bothered' because we have been through this numerous times and our stances are contradictory to one anothers.

Guest101

Gonzo1987 wrote: »

woaaah, I have no problem giving access when I have notice about it! I just never get given the notice which is ever so slightly different.

I have a horrible feeling I may have to give 2 months notice which means I'll have moved out 6 weeks prior to the end of the tenancy so the last 30 days and allowing access for viewings will be a non-issue, I won't be there. - also I'm pretty sure my tenancy states having to inform the LL of if I'll be gone from the property for more than 30 days which I will kind of, as I'll have moved out, but I'll routinely being going back to clean/tidy/collect post until the contract has come to an end - is this just an insurance thing for the LL ?

Yes it is. There is no need to give notice if you are in fixed term. And if you are even periodically back then you do not need to tell them.

Pixie5740

Gonzo1987 wrote: »

I have a horrible feeling I may have to give 2 months notice which means I'll have moved out 6 weeks prior to the end of the tenancy so the last 30 days and allowing access for viewings will be a non-issue, I won't be there.

Why would you need to give 2 month's notice? Do you think that's part of the break clause?

You don't actually have to give any notice to end the tenancy at the end of the fixed term. It would be courteous to do so but not necessary to end the tenancy.

Gonzo1987 wrote: »

- also I'm pretty sure my tenancy states having to inform the LL of if I'll be gone from the property for more than 30 days which I will kind of, as I'll have moved out, but I'll routinely being going back to clean/tidy/collect post until the contract has come to an end - is this just an insurance thing for the LL ?

Probably. Many insurance policies have a maximum number of days that a property can be left unoccupied for and still be covered.

Gonzo1987

Pixie5740 wrote: »

Why would you need to give 2 month's notice? Do you think that's part of the break clause?

You don't actually have to give any notice to end the tenancy at the end of the fixed term. It would be courteous to do so but not necessary to end the tenancy.

Probably. Many insurance policies have a maximum number of days that a property can be left unoccupied for and still be covered.

My fixed term doesn't end until March or possibly May, I want to invoke the break clause and just get the hell out of there, my LL hasn't responded to my request for a copy of my agreement yet, so can't serve notice until I have sight of that.