Landlord Issue for Rental of Room

awolo1

Hi,
My partner has been renting a room from a landlord for three months. Last month we provided 1 months' written notice. It's a three month contract.

Since sending her the letter, we've not heard from the landlord with regards to our letter of our notice to leave/terminate the agreement. I got in touch with her over the weekend to confirm if she had received letter and she said she had not received it.

I have been able to find the original proof of postage in our recorded mail delivery book at work and it shows the tracking number. I have forwarded this to her but she says it is not good enough and can only take notice from the day I informed her of our intentions to leave which is when I emailed her over the weekend.

My argument is that we told her a month ago and it is not fair that I should be penalised or prejudiced for something that is not my fault. I genuinely sent her the letter and have proof to back it up. It is not my fault that Royal Mail have misplaced the letter. More alarmingly, the tracking number that Royal Mail issued, reveals 'invalid tracking number' on their website, which doesn't help matters.

I have subsequently received further emails from her colleagues repeating that notice will only be taken from the email received at the weekend.


Legally where do I stand with this? I don't wish to fall out with her about it but feel that in order to convey my point, I would have to become quite firm. We are still in her property until this weekend.

She has offered to find somebody else for the room, and if she can, then she will not pursue it, but this must happen on or around the 15th of the month.

She has sent across various forms and a template of things that need to be done before we vacate, such as cleaning the property, and that any faults or issues we will be liable for. Honestly speaking, the property is a run down and needs a lot of TLC. We've had many sleepless nights in the property which she is aware of due to noisy housemates, and in any case, if she wants to fight for rent money for this month, I would feel even more reluctant to do to so, on the basis that the property was not fit for purpose and was not enjoyable.

Look forward to any help/guidance with this one

Thanks

booksurr

please clarify:
- are you lodgers or tenants? Was the LL resident in the building with you and share use of , for example, kitchen and/or bathroom/toilet?
- a "3 month contract" is unusual also unclear what is the relationship between the date it would end and the date your notice would end

dc197

G_M might be along shortly to explain that recorded delivery is actually not as good as first class post, for this purpose.
He'll explain that under law one may assume that the letter arrived X days after your (proven) posting; a recorded delivery item might be declined by the recipient.

Guest101

dc197 wrote: »

G_M might be along shortly to explain that recorded delivery is actually not as good as first class post, for this purpose.
He'll explain that under law one may assume that the letter arrived X days after your (proven) posting; a recorded delivery item might be declined by the recipient.

Indeed, first class is considered served after 2 working days.


However this may not be relevant, if the contract is for 3 months and they are moving out at the end of 3 months, no notice is required.

G_M

I too have questions:

1) tenancy or 'Excluded Occupier' (lodger)?
2) England, Wales, Scotland?
3) Date the 3 month contract started (exact date)?
4) wording in contract (if any) regarding notice period and/or Break Clause?
5) wording in contract regarding method of serving notice on landlord?

dc197 wrote: »

G_M might be along shortly to explain that recorded delivery is actually not as good as first class post, for this purpose.
He'll explain that under law one may assume that the letter arrived X days after your (proven) posting; a recorded delivery item might be declined by the recipient.

It's not that simple.
* yes, 1st class post is legally deemed as served 2 working days after posting, so this is often the best way
* registered post may not be delivered for a variety of reasons, calling into question whether notice was served
* however, many legal documents can be served by registered mail, and considered 'served' even if not signed for /accepted (see below)
* consideration must also be given to any contractually agreed method of service

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06

In this case, however, it looks like there may have been an issue with the address used? In which case it was not served.
Alternatively it was RM who made an error/lost the letter, and it was indeed never received, which throws into doubt whether it was served (though see above).

Ultimately only a deposit dispute arbitrator or court would have to decide, asuming the LL claimed rent was owed due to lack of notice, and made deductions from the deposit. How they would decide is uncertain....

There is further information/debate here:
http://www.landlordzone.co.uk/forums/showthread.php?895-Service-of-notice-AST-incorporates-s-196-of-LPA-1925

S196 of the Law of Property Act 1925 says:

4)Any notice required or authorised by this Act to be served shall also be sufficiently served, if it is sent by post in a registered letter addressed to the lessee, lessor, mortgagee, mortgagor, or other person to be served, by name, at the aforesaid place of abode or business, office, or counting-house, and if that letter is not returned [F1by the postal operator (within the meaning of [F2Part 3 of the Postal Services Act 2011]) concerned] undelivered; and that service shall be deemed to be made at the time at which the registered letter would in the ordinary course be delivered.

awolo1

The initial deposit/bond was provided by the local council due to the living tenant (not lodger) not having enough funds to cover the bond/deposit required by the landlord.

The tenant was sharing with other tenants, subsequently 'the house share'.

It was based in England. The start date of the contract was 15th April for a minimum of three months.





In the tenancy agreement it includes the following paragraph:-

G. Serving Notices

1. If we need to serve any notice on you including any notice we are required to give you by law or in this agreement then if we deliver it by hand addressed to you at the Property or send it to you by first class post or equivalent service addressed to the Property it will be deemed served the next day after delivery by us or posting. This means that notices are served on you once they are put through your letterbox or left in your Room. If, after the end of the tenancy, you give us another address to send notices to, any notice will be deemed validly served on you if they are sent by first class post or equivalent service addressed to you at the address you have supplied or left at that address and those notices will be deemed served the next day after delivery by us or posting.

2. If you need to serve any notices on us then they must be addressed to the Landlord and delivered by hand or sent by first class post to the following address:

ADDRESS **** or to such other address as we might advise you of in writing from time to time. Such notices will be deemed served the next working day after posting.

We sent it first class recorded delivery. It just so happens RM cannot prove whether it was actually delivered, or whether the recipient declined the item. If it was declined, there would still be a record of this with RM, as they would arrange re-delivery or return to poster, but in this case, no return address was on item, so it would be sent to a central location, and discarded if unclaimed.

4. Continuation of Tenancy

At the end of the Tenancy Term if we have not given you two months’ written notice your tenancy will continue as a contractual monthly periodic tenancy on the same terms and conditions as set out in this document save for the Tenancy Term. If you wish to leave after the end of the Tenancy Term

Initials _____ Page 8 of 11

you must give us one month’s written notice. If we wish you to leave we must give you at least two months’ notice requiring possession under Section 21 of the Housing Act 1988.

Guest101

awolo1 wrote: »

The initial deposit/bond was provided by the local council due to the living tenant (not lodger) not having enough funds to cover the bond/deposit required by the landlord.

The tenant was sharing with other tenants, subsequently 'the house share'.

It was based in England. The start date of the contract was 15th April for a minimum of three months.





In the tenancy agreement it includes the following paragraph:-

G. Serving Notices

1. If we need to serve any notice on you including any notice we are required to give you by law or in this agreement then if we deliver it by hand addressed to you at the Property or send it to you by first class post or equivalent service addressed to the Property it will be deemed served the next day after delivery by us or posting. This means that notices are served on you once they are put through your letterbox or left in your Room. If, after the end of the tenancy, you give us another address to send notices to, any notice will be deemed validly served on you if they are sent by first class post or equivalent service addressed to you at the address you have supplied or left at that address and those notices will be deemed served the next day after delivery by us or posting.

2. If you need to serve any notices on us then they must be addressed to the Landlord and delivered by hand or sent by first class post to the following address:

ADDRESS **** or to such other address as we might advise you of in writing from time to time. Such notices will be deemed served the next working day after posting.

We sent it first class recorded delivery. It just so happens RM cannot prove whether it was actually delivered, or whether the recipient declined the item. If it was declined, there would still be a record of this with RM, as they would arrange re-delivery or return to poster, but in this case, no return address was on item, so it would be sent to a central location, and discarded if unclaimed.

4. Continuation of Tenancy

At the end of the Tenancy Term if we have not given you two months’ written notice your tenancy will continue as a contractual monthly periodic tenancy on the same terms and conditions as set out in this document save for the Tenancy Term. If you wish to leave after the end of the Tenancy Term

Initials _____ Page 8 of 11

you must give us one month’s written notice. If we wish you to leave we must give you at least two months’ notice requiring possession under Section 21 of the Housing Act 1988.

So if he/she moves out before 14th July, no notice is required.

awolo1

It also says this in the contract.

4. Continuation of Tenancy

At the end of the Tenancy Term if we have not given you two months’ written notice your tenancy will continue as a contractual monthly periodic tenancy on the same terms and conditions as set out in this document save for the Tenancy Term. If you wish to leave after the end of the Tenancy Term

Initials _____ Page 8 of 11

you must give us one month’s written notice. If we wish you to leave we must give you at least two months’ notice requiring possession under Section 21 of the Housing Act 1988.

awolo1

Guest101 wrote: »

So if he/she moves out before 14th July, no notice is required.

OK. It says 1 months notice is required though in both paragraphs?

Guest101

awolo1 wrote: »

OK. It says 1 months notice is required though in both paragraphs?

Where? Sorry if ive missed it, but it says 'after' the tenancy term.


(not that it matters, a fixed term is a fixed term, it ends automatically if the tenant leaves - nothing in a contract can change that)