Should i pre warn my LL about handing in my notice

thesaint

Gonzo1987 wrote: »

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.

I would write a notice stating that you are giving your notice by invoking the break clause.
State that despite you asking for a copy of your tenancy agreement in writing on "x" date(include a copy), he has not supplied one.

Give a date of your choosing when this notice expires, and end the notice with "saving words" along the lines of "If the expiry date is incorrect, this notice shall expire on the last day of the next tenacy period".

Make sure you post it from a Post Office, and ask for a certificate of posting.
The onus is then on the landlord to inform you otherwise.

Gonzo1987

thesaint wrote: »

I would write a notice stating that you are giving your notice by invoking the break clause.
State that despite you asking for a copy of your tenancy agreement in writing on "x" date(include a copy), he has not supplied one.

Give a date of your choosing when this notice expires, and end the notice with "saving words" along the lines of "If the expiry date is incorrect, this notice shall expire on the last day of the next tenacy period".

Make sure you post it from a Post Office, and ask for a certificate of posting.
The onus is then on the landlord to inform you otherwise.

I'm not sure I can post it, I only have an abroad address for the LL - does the post office cover things going abroad?

thesaint

Gonzo1987 wrote: »

I'm not sure I can post it, I only have an abroad address for the LL - does the post office cover things going abroad?

The law requires the landlord to have an address in England or Wales for the purpose of serving notices.

Gonzo1987 wrote: »

The thought of handing in my notice is filling me with complete and utter dread because I have visions of her just turning up unannounced and going through the property (which legally I know they can't but they do already to a certain extent)

I do wonder about the validity of this statement from you though...

jjlandlord

Guest101 wrote: »

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.

There can always be debates when you ask opinions from people who are not knowledgeable on a topic and haven't bothered researching.

There is no conflict. This is established in law.

Gonzo1987

thesaint wrote: »

The law requires the landlord to have an address in England or Wales for the purpose of serving notices.



I do wonder about the validity of this statement from you though...

How so?

I know I need a UK one and there probably is one on my tenancy agreement, I don't have that to hand, I only have their residential.

When my LL is in the country they comes over and let themself in the garden with no warning. (4/5 times a year) Previously has mentioned in correspondence about being lucky they didn't let themself into the property whilst I was out.

G_M

Gonzo1987 wrote: »

I'm not sure I can post it, I only have an abroad address for the LL - does the post office cover things going abroad?

Oh well - then stop paying rent!

If you have no address for the serving of notices on the LL in the UK, rent is not due. Landlord and Tenant Act 1987

thesaint

Gonzo1987 wrote: »

How so?

I know I need a UK one and there probably is one on my tenancy agreement, I don't have that to hand, I only have their residential.

I can't keep up.
You stated that you "Only have an abroad address for my landlord". :huh:

Guest101

jjlandlord wrote: »

There can always be debates when you ask opinions from people who are not knowledgeable on a topic and haven't bothered researching.

There is no conflict. This is established in law.

Would you be so kind as to provide case law for this?

Gonzo1987

G_M wrote: »

Oh well - then stop paying rent!

If you have no address for the serving of notices on the LL in the UK, rent is not due. Landlord and Tenant Act 1987

Yeah - but there probably is one on my tenancy agreement - which I have lost...so without that I can't be sure I don't have one.

thesaint wrote: »

I can't keep up.
You stated that you "Only have an abroad address for my landlord". :huh:

as above - i only know their abroad address, but there may well be a UK on the TA as I know they do have a base here when they come back, I just don't know that address without seeing if it's on my TA

G_M

thesaint wrote: »

I would write a notice stating that you are giving your notice by invoking the break clause.

Give a date of your choosing when this notice expires, and end the notice with "saving words" along the lines of "If the expiry date is incorrect, this notice shall expire on the last day of the next tenacy period".

There are no tenancy periods as OP is in fixed term. The period is the fixed term.