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tenancy notice

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Comments

  • imran22
    imran22 Posts: 127 Forumite
    Looks like the following apply to me:



    a) A tenant can end a SPT by giving the landlord at least one months Notice ending on either the last or 1st day of a Tenancy Period (see Crate v Miller 1947). It should be in writing & sent to the address "for the serving of notices" on the landlord.

    If rent is paid monthly/weekly, then the Tenancy Periods run monthly/weekly starting the day after the FT ended.



    So as long as I write something saying "We wish to vacate the property and hence writing to serve notice to surrender the property on 11th April".

    We have a two month notice period. Will that work?
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    imran22 wrote: »
    Looks like the following apply to me:

    a) A tenant can end a SPT by giving the landlord at least one months Notice ending on either the last or 1st day of a Tenancy Period (see Crate v Miller 1947). It should be in writing & sent to the address "for the serving of notices" on the landlord.

    If rent is paid monthly/weekly, then the Tenancy Periods run monthly/weekly starting the day after the FT ended.

    So as long as I write something saying "We wish to vacate the property and hence writing to serve notice to surrender the property on 11th April".

    We have a two month notice period. Will that work?
    As long as you et the dates right, yes it will work.

    Please explain "We have a two month notice period."

    Do you have a Contractual Periodic Tenancy? What exactly does your tenancy agreement say happens at the end of the fied term?
  • jjlandlord
    jjlandlord Posts: 5,099 Forumite
    imran22 wrote: »
    So as long as I write something saying "We wish to vacate the property and hence writing to serve notice to surrender the property on 11th April".

    This wording is inadequate.
    There is not such thing as a "notice to surrender" and using the term 'surrender' may indicate that you are offering to surrender, and thus that you are seeking the landlord's acceptance.

    Just say that you are giving notice that you will quit on the 11th April (assuming date is correct).
  • imran22
    imran22 Posts: 127 Forumite
    as we did not sign a new contract the estate agent said that we have to give two months notice.

    The contract also says two months notice if we want to exercise the breaking clause. So I guess estate agent towed that line.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    imran22 wrote: »
    as we did not sign a new contract the estate agent said that we have to give two months notice.
    He can say what he likes but
    * if it is not in the contract it is rubbish and
    * if it differs from statute law (SPT) it is rubbish

    The contract also says two months notice if we want to exercise the breaking clause. So I guess estate agent towed that line.
    You are not exerising the 'breaking clause' (Break Clause), so that is irrelevant.

    Now - answer the question:
    Do you have a Contractual Periodic Tenancy? What exactly does your tenancy agreement say happens at the end of the fied term?

    and read the link in post 8 above.
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