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Notice to Quit - No Tenancy Agreement

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Comments

  • aneary
    aneary Posts: 921 Forumite
    TODAY 2:45 PM
    Comms69 What a charming fellow, then again looking at previous threads not much more can be expected
    TODAY 2:35 PM
    rentmekid and miserable

    How does this help the OP?

    OP - if you have a relationship with the LL talk to them let them know that you are looking to move out and you are just confirming dates. As soon as you have them you will let him know.

    If the date is after the section 21 don't worry too much as the LL would have to apply to the court to get you out and if you are moving out a few days afterwards he won't do that as long as he knows.
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    aneary wrote: »
    How does this help the OP?

    OP - if you have a relationship with the LL talk to them let them know that you are looking to move out and you are just confirming dates. As soon as you have them you will let him know.

    If the date is after the section 21 don't worry too much as the LL would have to apply to the court to get you out and if you are moving out a few days afterwards he won't do that as long as he knows.



    OP hasn't been back for 4 hours and has had all the relevant advice.
  • shortcrust
    shortcrust Posts: 2,697 Forumite
    Eighth Anniversary 1,000 Posts Combo Breaker Newshound!
    Adrian:.

    What specific advantages do you think there would be for Tenant to speak to landlord at the moment, please? I can see some for the Landlord but none for Tenant but probably I'm thick.

    Cheers!

    The satisfaction of knowing they’ve behaved like a grown up?
  • rentmekid wrote: »
    to the artfuldodger, not everyone is as troubleseeking as you

    Lodger not dodger: Or were you looking for trouble?
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 29 September 2017 at 7:34PM
    OP has NOT got all the relevant advice. It's a mish-mash of irrelevancies, sound information, and mis-information! But OP will have to pick which is which.

    My tuppence-worth to the debate:

    * an AST exists. Rent is paid and exclusive accomodation provided in return
    * the AST consists of a Contractual Monthly Periodic Tenancy
    * it can only be ended following a valid S21 Notice
    * some of the factors that affect the validity of a S21 ( eg gas report) depend when the tenancy started - as this one started in 2013 (?) that pre-dates the new 2015 requirements
    * the new Form 6a version of a S21 Notice does not apply to pre- 2015 tenancies like this one.
    * The correct Notice in this case is S21(4)(a) for contractual tenancies that started before 1/10/15
    * if no deposit was taken then there is no requirement to comply with the deposit requirements (common sense as well as legal)
    * an AST which was set up originally as a CPT is the only occassion where the S21 Notice must align with the tenancy periods - 2 calender months notice is not sufficient. Whether that notice should expire 'at the end of the month' depends on what date in the month the tenancy originally commenced. But 2 full periods must pass before it can expire.

    More here:

    * Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?
  • How can there be a contractual periodic tenancy without a written contract? Surely it'll be an SPT?
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 30 September 2017 at 4:37AM
    How can there be a contractual periodic tenancy without a written contract? Surely it'll be an SPT?
    A fair question, but:

    How can there be a SPT without a fixed term preceding it? (see the Housing Act)

    And since when did a contract have to be written? (see English contract law)

    The (verbal) contract at the start was that rent would be paid monthly. No fixed term was contractually agreed (either verbally or in writing), ergo the contract was both contractual, and monthly periodic.
  • rentmekid wrote: »
    Comms69, your the type of person why this country has/is fallen apart.

    You are the type of person why this country has/is fallen apart.
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