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tenancy woes :(

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135

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  • fly53
    fly53 Posts: 57 Forumite
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    Ok so ive read that the conditions of the grant of tenancy is that i have house contents insurance.

    Which ive found i dont have!?!?
    Dont ask how that happened. I was granted the tenancy upn that condition which wasnt fullfilled.

    Does this invalidate my tenancy?

    It that my fault or the agents?

    Just gets better and better.
  • Slithery
    Slithery Posts: 6,046 Forumite
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    It doesn't matter one jot.

    It's an unenforceable clause.
  • thelem
    thelem Posts: 774 Forumite
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    EA = Estate Agent (or Letting Agent)

    While the written notice is important, I think it's more important that you and the agent agree on when your notice expires. That way you don't end up having to fight them in court or anywhere.

    Ask the agent to explain why they think you cannot move out before 10 months, quoting the relevant terms on the contract.

    I assume that they think you are only able to *serve* your notice after 8 months, but the contract clearly says: "4.2.1 shall not *expire* before the eight month of the term".
    Note: Unless otherwise stated, my property related posts refer to England & Wales. Please make sure you state if you are discussing Scotland or elsewhere as laws differ.
  • fly53
    fly53 Posts: 57 Forumite
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    Thanks so much for the help here i really appreciate it.

    If miss quoated the text. It says "shall not expire before the end of the 8th month of the term"

    I assume that same still stands?

    Thankyou
  • 00ec25
    00ec25 Posts: 9,123 Forumite
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    fly53 wrote: »
    Thanks so much for the help here i really appreciate it.

    If miss quoated the text. It says "shall not expire before the end of the 8th month of the term"

    I assume that same still stands?

    Thankyou
    ok that helps a little as it does not specifically state "expire on or before"

    so it appears your notice can expire on or after the end of the 8th month since that is indeed in keeping with the requirement that is does not expire before the end of the 8th month :)

    so you serve your notice on (but preferably before) Feb 25th so that it gives 2 months notice aligned with the end date of your tenancy as required by your contract, and thus it expires exactly on 24th April (and you must have moved out before midnight on the 24th)

    you will not find a template letter since you simply write on paper giving that date and stating you are invoking the terms of the break clause.
  • fly53
    fly53 Posts: 57 Forumite
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    Dear ll

    I will be vacating the premises on the 24th of april 2018 which will end my tenancy.

    this being having served more than two calender months notice to break before the end of the 8th month of the term.



    my forwarding address is x



    kind regards

    me
  • Comms69
    Comms69 Posts: 14,229 Forumite
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    fly53 wrote: »
    Dear ll

    I will be vacating the premises on the 24th of april 2018 which will end my tenancy.

    this being having served more than two calender months notice to break before the end of the 8th month of the term.



    my forwarding address is x



    kind regards

    me
    Why? Are you expecting him to visit?
  • fly53
    fly53 Posts: 57 Forumite
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    Not really. Im just serving my break clause which lasts untill 24th april.

    Though now the agent is saying my possesion started on signing the tenancy ( the 18th aug) not when i moved in. Are thry taking the mick or what?
  • fly53
    fly53 Posts: 57 Forumite
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    . I thought ide have to leave my forwarding address no? :)
  • Comms69
    Comms69 Posts: 14,229 Forumite
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    fly53 wrote: »
    . I thought ide have to leave my forwarding address no? :)



    Whats going to happen if you don't?....
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