Valid notice period?

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

    Valid notice period?

    Hello,

    Wondering if you could assist with the below. This is in England.

    In August 2016 myself and my partner signed an AST for a fixed term of two years, with no mention of contractual periodic tenancy after the term nor any notice period, only that all notices must be served in writing either personally, by first class post, or by leaving at the property.

    Two months prior to the end of the fixed term we approached the landlord to renew. He agreed and said he would contact the agency to get this done. However after a month the agency contacted us proposing a reduction of the term to 6 months and include a notice period of 2 months since the owner was looking to sell.

    We made a counterproposal, whilst we were negotiating the conditions the term elapsed and we remained in the property - with a view to renew.

    However after some back and forth exchanges with the agency, we received an email stating they were giving us one month notice to vacate the property.

    My understanding is that by not having signed a new agreement, we are now on a monthly statutory periodic tenancy.

    As such, the landlord would need to use the prescribed form 6A as well as providing us with 2 months’ notice, correct?

    Thank-you!

    RLJ

    #2
    The LL or LA needs to give you 2 months notice to leave, if they want to evict you through the courts then the need to serve the relevant section.

    Just remember you will need to reimburse the LL or LA for any costs associated with evicting you, if you do not wish to leave at the end of the 2 months. If you stop paying rent you will also be in breach of your periodic tenancy.

    Comment


      #3
      Thanks ash72,

      Yes, we're not looking to cause any issue for the landlord. We've been model tenants throughout the tenancy and understand he is looking to sell and we don't want to impact that. (we've been on the other end in the past, prior to downsizing and then selling out completely years ago)

      However we still need a certain amount of time to find a new place, which is very tight with one month.

      So a form 6A under section 21 is not required by the LL for all non fault notices? Only when the LL is looking to seek possession through the courts?

      RLJ

      Comment


        #4
        It's easier for LL or LA to serve form 6A, as it provides 2 things, 1. Notice on the tenant 2. if tenant doesn't leave then can pursue through the courts.

        If you and the LA/LA agree on a mutual end date, that would be a better approach since you have years of history and good will built up. I would remind them that the tenancy has now gone periodic, and their obligation is that you have 2 months notice (remember you only need to give 1 months notice).

        I would start looking for a new place, that way your not pressured in the last minute to get anything, and have to make a number of compromises on your new place.

        Comment


          #5
          The notice you have been given is legally meaningless.

          Your tenancy legally continues until 1) you give appropriate notice via a valid notice to quit to the landlord, 2) you and the landlord mutually agree on termination, or 3) the landlord serve you a valid section 8 or section 21 notice (as the case may be), go to court claiming possession, the court granting an order for possession, and it is executed by a bailiff or High Court Enforcement Officer.

          The minimum notice you landlord need to give you under section 21 is 2 months, after which they can then go to court.

          Communicate with the landlord/agent and agree something sensible. Court is slow (for the landlord), and expensive (for the tenant if landlord awarded their cost).
          I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

          Comment


            #6
            Thanks again ash72, and thanks KTC for your counsel.

            We've started searching for a new place, and will certainly try to reach an amicable agreement with the LL.

            We have no intentions of having this go to court (it's simply not worth the hassle and entirely necessary!) but need more than a month to find a place.

            Comment


              #7
              Originally posted by robljones View Post
              We have no intentions of having this go to court (it's simply not worth the hassle and entirely necessary!) but need more than a month to find a place.
              If it goes to court without a valid S8 or S21 notice, then the LL will lose and you will not be liable for LL's costs (afaik).

              if you want to do the decent thing, then talk to your landlord pointing out that the emailed notice from the agency is not valid for ending the tenancy, and discuss what you can do to reach a mutually-agreeable solution.

              Comment


                #8
                Or what he'd pay for you to go when it suits him: thousands..
                ..
                I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                Comment

                Latest Activity

                Collapse

                Working...
                X