Rescind tenancy notice

Burg9

Agent adamant this is the case

"If a landlord serves notice on a tenant for vacant possession, a tenant cannot rescind that notice. As long as no notice has been served by the landlord, a tenant can rescind their own notice."

Comms69

Burg9 said:

Agent adamant this is the case

"If a landlord serves notice on a tenant for vacant possession, a tenant cannot rescind that notice. As long as no notice has been served by the landlord, a tenant can rescind their own notice."

serves notice on a tenant for vacant possession - no such notice exists... 

I've no idea why you keep communicating to this idiot, but hey ho. 

AdrianC

Burg9 said:

I'll take a look, all I know is he lives in Hong Kong

Ah, then his UK service address is likely to be the agent...

greatcrested

* if you (tenant) serve notice, then you cannot unilaterally rescind it.

* but if the landlord agrees, or the agent agrees on the LL's behalf, that's fine.

* the agent is exactly that - an agent acting for the landlord,

* so anything you get in writing from the agent, is as good as anything agreed in writing with the landlord

* therefore if the agent puts in writing that you may rescind your notice, I believe a court would support you doing so. In any event, if you simply stayed, the LL/agent would have only 2 options: evict you via the courts or demand double rent, which you'd refuse to pay, meaning the LL would have to use the courts to claim the double rent.

* it was suggested above that 30 days is unlikely to be the correct notice period. In most cases, true, under Common Law (unless you pay weekly). However, if the landlord, or his agent, agrees to accept 30 days notice that would be contractually binding and Contract Law over-rules Common Law). So again - get this confirmed in writing.

* you can request the LL's actual address by virtue of the Landlord & Tenant Act 1985 section 1.

Burg9

greatcrested said:

* so anything you get in writing from the agent, is as good as anything agreed in writing with the landlord

This is what I'm thinking at the moment, the agent is acting on behalf of the landlord and has given this in writing "As long as no notice has been served by the landlord, a tenant can rescind their own notice." and a couple other similar lines. So I like to think they'd be pushing this to the landlord at the very least if trouble. I assume they'd just stick to it, we have places to stay upon delays and can always rent another flat if it falls through now no fees!

Burg9

Bit off topic but does the below mean I need to give notice on the 2nd or can it be given anytime on the day of the 3rd?

"Any notice given to the Landlord to terminate the tenancy must be for one month to expire on the last day of the period of the tenancy, i.e. the third day of any month."

[Deleted User]

If you give notice on 3rd, you are on day one of the next period.  So can be told to pay rent for two notice periods.  Plus you are best making absolutely sure they receive notice in writing BY the second.  So if sending it by royal mail, needs to be sent two days before 2nd.  But query this with the agent.  They may accept notice via email.

Burg9

They accept it via email luckily, thanks!