Leaving rental property......notice

emsywoo123

Hi all,

I had a thread on here recently - not quite sure where it has gone, I cannot seem to find it, I was trying to update it!

Anyway, I am on a rolling tenancy (AST ended in 04.09.14) and have tried to serve notice to leave 03.03.2015. My AST stipulated (although not sure how binding this is) that I need to give 2 months notice.

This is my update:

**UPDATE**

So I posted notice, Special Delivery next day by 1pm etc, I thought that would cover me.....except I have just checked and it has not been delivered

I posted it at 11:49 on 30/12/2014, along with 6 other letters, not time dependent, which OF COURSE have all been signed for

What happens in these circs, where notice has been served but not received?

Many many thanks and Happy New Year!

dodger1

There you go,

https://forums.moneysavingexpert.com/discussion/5133809

theartfullodger

How does the tenancy say notice should be served?? If anything, do that:

However sending the same notice (keep copy) from 2 different post offices 1st class with **free** "proof of postage" is considered safe. Or stick it through agent or landlord;s letter-box, today, with a witness.

It is HIGHLY unlikely you need to give 2 months notice - usually just at least 1 month, expiring on last or 1st day of tenancy period (ie 3rd or 4th of month)

BitterAndTwisted

Just send anther copy by first-class post. Even better, send two copies from different Post Offices on the same day, retaining proof-of-postage. If your SD is not re-delivered or collected from the sorting office, your notice cannot be deemed served if it goes to court.

Presumably you are using the address noted in your tenancy agreement under the bit where it states "for the serving of notices". If your landlord is no longer using that address to recieve mail, that's not your problem.

pmlindyloo

Interesting similar post about recorded delivery as it has been found that recorded delivery even if not signed for is deemed as being served from the date of posting.

http://www.landlordzone.co.uk/forums/archive/index.php/t-2647.html

However, I do agree with others that to be on the safe side send the notice again by first class post (or two copies as said) and keep free receipts.

It is possible that your LL is on holiday so should pick up when they return.

As regards your two months notice then this will depend on your contract.

My understanding is that if your contract mentions what happends after the fixed term ends and refers to a periodic tenancy requiring 2 months notice then this is a contractual periodic tenancy and you are bound contractually.

However, having read your previous post in which you say that during a periodic tenancy your LL only has to give one month's notice then the 2 months/one month is likely to be found unfair (giving LL an advantage).

You are doing the right thing by giving as much notice as possible.

fishpond

theartfullodger wrote: »

How does the tenancy say notice should be served?? If anything, do that:

However sending the same notice (keep copy) from 2 different post offices 1st class with **free** "proof of postage" is considered safe. Or stick it through agent or landlord;s letter-box, today, with a witness.

It is HIGHLY unlikely you need to give 2 months notice - usually just at least 1 month, expiring on last or 1st day of tenancy period (ie 3rd or 4th of month)

It could be a contractual periodic?

emsywoo123

fishpond wrote: »

It could be a contractual periodic?

Hi
I am not sure what this is - the AST date passed and nothing happened, hence I assumed I am just rolling along :rotfl:

emsywoo123

BitterAndTwisted wrote: »

Presumably you are using the address noted in your tenancy agreement under the bit where it states "for the serving of notices". If your landlord is no longer using that address to recieve mail, that's not your problem.

My AST is actually with a letting agent, the landlord then took it over after 3 months. I am using the address I have in the AST for the Landlord - they have been paid directly for the last year, and I do have a letter from the agent to confirm that the LL was now responsible.

emsywoo123

dodger1 wrote: »

There you go,

https://forums.moneysavingexpert.com/discussion/5133809

Thank you - I updated it then it completely disappeared for me!

pmlindyloo

emsywoo123 wrote: »

Hi
I am not sure what this is - the AST date passed and nothing happened, hence I assumed I am just rolling along :rotfl:

Read your contract and then post what it says (if anything) about moving to a periodic tenancy.

If it doesn't say anything then you only have to give the one month's notice as previously explained.

emsywoo123

I have just read the AST again and really, am none the wiser. I consider myself (foolishly it now appears) to be relatively bright, but I just do not want to get this wrong.
So here it is.....word for confusing word........

Section E - Special Clauses (individually negotiated with the tenant)

1. In the case of an Assured Shorthold Tenancy the landlord and the tenant may bring the tenancy to an end (but not earlier than 12 months from the commencement date or the date of this agreement whichever shall be the later) by giving to the other party not less than two months written notice on or before the next rent payment date stating, in the case of a notice given by the landlord, that the landlord requires possession of the premises and not less than one months notice on the rent payment date in the case of a notice given by the tenant that he requires to terminate the tenancy