Given notice to quit over the phone..

floralaura

My friends in a rented property. Rent is paid on the 16th of the Month, their current agreement is up 16Th July this year.
A couple weeks back the EA rang and said the LL wanted to sell so they would have to move. They came round and took photos of the house for selling it. They then rang my Friend this week and said 'This is your notice to leave at the end of the tenancy' over the phone.
Thats not right is it? How does it work at the end of a tenancy, do they need to serve anything? She thinks not unless she makes them do it to get a council place but shes going private still so said she doesnt need a proper notice to quit?
I want to give her simple advice on what should be happening as though shes willing to move shes finding it hard to find them a house big enough and currently thinks she has to leave on 16th July for sure..

marksoton

She doesn't need to leave. The tenancy will simply become periodic.

If she needs the extra time to find somewhere suitable she should use it.

Mojisola

Good information here -
http://england.shelter.org.uk/get_advice/private_renting/about_private_renting/landlords_responsibilities

floralaura

Mojisola wrote: »

Good information here -
http://england.shelter.org.uk/get_advice/private_renting/about_private_renting/landlords_responsibilities

Should have said-we are in Wales. Is it still the same as the link?

moneyistooshorttomention

Personally - and there is no way I would regard anything as remotely valid unless I had it in writing.

A phone conversation is just "conversation" and would be ignored. I am astonished at that agent being so unprofessional as to think something "verbal" would do the trick.

Pixie5740

As far as I know it's the same process for ending a tenancy in Wales as it is in England (because it's the same type of tenancy).

Notice given over the phone is not valid notice and even if it was (which it's not) the landlord hasn't given sufficient time.

What date did their tenancy start (that's the important date not the date rent is paid) and how long was the fixed term for?

Read (or get your friends to read) Ending/Renewing an AST for further information.

jorpati

I would suggest your friend check what is written about the notice format (written? phone call? sms? email?) and period in the tenancy agreement. If the agreement says WRITTEN notice then like marksoton said she doesnt have to leave.

The owner could have warned your friend about them wanting to sell the property in bit more advance out of courtesy.. not that they are obliged to.
In case your friend has to move out by 17th.....Unless House owner have buyer ready to move in right after your friend moves out, your friend should request for an extension to stay until either your friends finds a nice place to move or they find a buyer ready to move in or of something similar arrangement... which will benefit owner and your friend I imagine....

Luckily my landlord has to give me two months notice if they want us to leave... and we are only monthly rolling contract..

floralaura

Pixie5740 wrote: »

As far as I know it's the same process for ending a tenancy in Wales as it is in England (because it's the same type of tenancy).

Notice given over the phone is not valid notice and even if it was (which it's not) the landlord hasn't given sufficient time.

What date did their tenancy start (that's the important date not the date rent is paid) and how long was the fixed term for?

Read (or get your friends to read) Ending/Renewing an AST for further information.

Original start was Jan 2015, mid jan I think. was a 6mth then a 12 month tenancy which is about to be up.

booksurr

jorpati wrote: »

I would suggest your friend check what is written about the notice format (written? phone call? sms? email?) and period in the tenancy agreement. If the agreement says WRITTEN notice then like marksoton said she doesnt have to leave.

if you had read GM's guide before posting your answer may have been more useful/relevant

The Landlord has to serve a SECTION 21 notice (ie in writing) if he does not intend to renew the contract at the end of its Fixed Term. Just because the fixed term is scheduled to end on a set date does not automatically entitle the LL to get possession of the property at that date. The s21 must give at least 2 calendar months notice of that intention not to renew. Note the S21 is not an eviction notice

on receipt of a S21, the tenant has 3 courses of action

a) ignore it and remain in the property. The LL must then take them to court to get an actual eviction order and at which point the tenant has the choice to either a) stay until court bailiffs turn up at the door and physically carry them out of the property or b) accept the inevitable and leave themselves (having given the relevant notice required of a tenant)

b) negotiate with the LL to agree a date for moving out of their own accord. Such agreement should be documented in writing

c) the tenants gives the LL written notice of the tenants intention to leave by a set date according to the notice period applicable under the statutory periodic tenancy they them have (given they have overrun the fixed term but remain in residence)

Mrs_pbradley936

When we had a fixed term the Notice was given at the same time as all the other paperwork was signed. So you had 6 months notice if you see what I mean. Could they have done the same and are just giving a reminder?

booksurr

Mrs_pbradley936 wrote: »

When we had a fixed term the Notice was given at the same time as all the other paperwork was signed. So you had 6 months notice if you see what I mean. Could they have done the same and are just giving a reminder?

not any more as issued a S21 before the deposit has been registered and the proscribed info given out is now a course of action which invalidates the S21 - read GM's guide

one poster on here used to speak of the sword of Damocles in his signature block but has removed that now as it is no longer possible to do what happened to you. Of course still nothing stopping it being served after the deposit and info done, so potentially slightly less than 6 months notice since the requirement is "at least" not "exactly" 2 months notice!