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Giving notice to quit to private landlord.
oldhand
Posts: 3,749 Forumite
Hi all,came over to this board today seeking some help/clarification on a housing lease contract.So nephew lives in a privately rented house with wife and 2 children.Has been there 3 years on a year to year lease.He has decided he wants to move and was looking at his contract to see how much notice was required etc.
Now on the lease regarding "tenants notice to quit" it says,"Tenant must give 4 weeks written notice of the date on which it is to take effect".Now to myself that sounds simple and fair and my reading of that statement means whenever you wish to leave give 4 weeks written notice and after that leave.
However when nephew rang the letting agency to confirm that is so he was told no it actually means if you dont wish to continue with your lease at the end of the lease then you give 4 weeks written notice before that.
His lease was renewed in december last so would anyone know if letting agency is correct in this?.If they are it means he cannot look for another job/house in another part of the country until he is able to give the 4 weeks notice next november.By the way not sure if it makes any difference legally but he lives in n.ireland.Any help appreciated,thanks.
Now on the lease regarding "tenants notice to quit" it says,"Tenant must give 4 weeks written notice of the date on which it is to take effect".Now to myself that sounds simple and fair and my reading of that statement means whenever you wish to leave give 4 weeks written notice and after that leave.
However when nephew rang the letting agency to confirm that is so he was told no it actually means if you dont wish to continue with your lease at the end of the lease then you give 4 weeks written notice before that.
His lease was renewed in december last so would anyone know if letting agency is correct in this?.If they are it means he cannot look for another job/house in another part of the country until he is able to give the 4 weeks notice next november.By the way not sure if it makes any difference legally but he lives in n.ireland.Any help appreciated,thanks.
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Comments
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I'd wager they're half right.
He's there until December 2015 as per the lease, but he doesn't have to give any notice if he wants to leave. Unless he stays after the 1 year lease.0 -
What exactly did he sign in December and what does it say?
Edit:
I found this Guide to Ending a Private Tenancy in NI on the Housing Rights Service website.0 -
What exactly did he sign in December and what does it say?
Edit:
I found this Guide to Ending a Private Tenancy in NI on the Housing Rights Service website.
Dont have the agreement with me but I did get him to write down the actual wording of the tenants notice to quit part and I saw the actual agreement also so I know its right.As I posted earlier it states "regarding notice to quit,tenant must give at least 4 weeks written notice of the date on which it is to take effect".
Now im always willing to be wrong but to me its saying "the date on which it is to take effect" is the date you plan on leaving and not the date the lease ends.If it did mean you cant leave before the lease is up you would be literally shackled to a place you cannot leave until the lease ends then unless you could afford to keep two leases you would have to leave at the end of the lease period whether you have found another home or not or face signing up for another year to keep a roof over your families head at the same place you plan to leave??0 -
What exactly did he sign in December and what does it say?
Edit:
I found this Guide to Ending a Private Tenancy in NI on the Housing Rights Service website.
Just read your link pixie,seems only getout was if theres a "break clause" in the agreement which allows both parties to cancel as long as sufficient notice was given,seems hes stuck for a while at least.Anyway many thanks all who took trouble to reply.0
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