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Notice given by tenants
clivoclivo
Posts: 21 Forumite
Hi money saving expert palls,
I'm hoping someone could shed some light on a situation with a tenant.
Agreement: Asssured shorthold tenancy for 12 months.
This expired 2 months ago and on meeting the tenants they expressed the wish to renew. So agreement with same conditions got sent. Chasing them up for the signed copy I was told they haven't received it.
I repost and receive a phone call the same day to tell me they changed their mind, want to move out and believe they entered in a periodic tenancy since the agreement didn’t get signed.
The written notice has arrived by post and it's less than a calendar month. Received today 5th- wishing to move out on 29th Feb.
I believe my options are:
1: Stress that they agreed on renewing: verbal agreements count don't they? Also in an email when I chased the return of the signed agreement it was written by them that they would sign as soon as they receive a new copy. I could argue that they were willing to sign, so are in an agreement and 2 months notice would be applicable.
2: Accept the one months notice, but not the moving out date they request. So notice received by signed-for post on 5th. Notice starts from next day, so responsible for rent until 5th March? Which is basically another week of rent and time to find a new tenant.
Any prospective tenant would be on minimum a months notice so it will otherwise leave the flat void for a week at least.
What do you think?
Both options would xxx off tenants or would option 2 be reasonable enough?
cheers
Clive
I'm hoping someone could shed some light on a situation with a tenant.
Agreement: Asssured shorthold tenancy for 12 months.
This expired 2 months ago and on meeting the tenants they expressed the wish to renew. So agreement with same conditions got sent. Chasing them up for the signed copy I was told they haven't received it.
I repost and receive a phone call the same day to tell me they changed their mind, want to move out and believe they entered in a periodic tenancy since the agreement didn’t get signed.
The written notice has arrived by post and it's less than a calendar month. Received today 5th- wishing to move out on 29th Feb.
I believe my options are:
1: Stress that they agreed on renewing: verbal agreements count don't they? Also in an email when I chased the return of the signed agreement it was written by them that they would sign as soon as they receive a new copy. I could argue that they were willing to sign, so are in an agreement and 2 months notice would be applicable.
2: Accept the one months notice, but not the moving out date they request. So notice received by signed-for post on 5th. Notice starts from next day, so responsible for rent until 5th March? Which is basically another week of rent and time to find a new tenant.
Any prospective tenant would be on minimum a months notice so it will otherwise leave the flat void for a week at least.
What do you think?
Both options would xxx off tenants or would option 2 be reasonable enough?
cheers
Clive
0
Comments
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Its too late you've blown it .Get a solicitor or go on a landlord advice forum,0
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Depends on what your lease says about valid notice (there should be a clause in there about this) but it's usually a day or two after posting, not receipt. Otherwise the sender would be penalised due to the c****py Post Office!
I'm afraid periods without rent are the risk you took when you became a landlord. I'd recommend getting an advert up to re-let asap. No way these guys will pay for an extra week unless you can prove when they posted the notice.0 -
What date did the tenancy start? Do they pay the rent monthly?
The tenants do have a periodic tenancy whether its contractual or statutory depends on what the original tenancy agreement says (if anything) will happen at the end of the fixed term.0 -
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What date did the tenancy start? Do they pay the rent monthly?
The tenants do have a periodic tenancy whether its contractual or periodic depends on what the original tenancy agreement says (if anything) will happen at the end of the fixed term.
Started on 1st dec 2014; It's monthly payments.
copied out of the agreement:
The period of notice must expire at the end of a period being on the 30th of a month.
We will ascertain whether or not you wish to renew your tenancy or vacate the property. In the event that you wish to stay longer than your original tenancy agreement and terms can be agreed with you and your Landlord, a new tenancy will be drawn up for you to sign.0 -
clivoclivo wrote: »It came by 'signed for' post today. So notice starts from tomorrow, doesn't it?
... I suggest you read my previous post again.0 -
sorry,no contract.:(clivoclivo wrote: »Is option 2 reasonable? to insist on a full months notice?0 -
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The landlord can insist on valid notice, correctly served:
The wise landlord will accept the notice (stone me, if served correctly we're probably only talking a few days..) and get on and re-let. Inflexible, stiff landlords give the decent ones a bad name (ditto tenants and all that...). You never know, you may get more rent & come out ahead....
What date was the end of the fixed term & is rent payable monthly??0
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