Notice Period

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    #16
    Originally posted by KTC View Post
    One notice with an appropriately worded saving clause?
    My first thought, but I realised that that is not possble as two different lengths of notice are involved.

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      #17
      Originally posted by Lawcruncher View Post
      My first thought, but I realised that that is not possble as two different lengths of notice are involved.
      Why not? AFAIC, the only requirement is that one valid date has to have primacy so it can be worked out which is the definite end date. I'm pretty sure there was a case where the NTQ was basically just a saving clause leaving the recipient to work out date meant but was okay because it was possible to work out the actual date. So a clause that basically says the earliest date possible in accordance with the tenancy agreement?
      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.

      I do not answer questions through private messages which should be posted publicly on the forum.

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        #18
        Originally posted by KTC View Post
        So a clause that basically says the earliest date possible in accordance with the tenancy agreement?
        As no one seems able to say for sure what that date is, would that be sufficiently unequivocal for notice?

        Might as well say the day of my John-Paul's next birthday - it's a definite and valid determinable date, but it doesn't help the tenant or the landlord in any meaningful way.
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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          #19
          Originally posted by jpkeates View Post
          As no one seems able to say for sure what that date is, would that be sufficiently unequivocal for notice?
          It may take a court to definitively decide what that date is and hence whether e.g. any rent is owed, but it's unequivocal as far as it gives only one possible valid date.
          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.

          I do not answer questions through private messages which should be posted publicly on the forum.

          Comment


            #20
            The notion that you need to go to court to know when a tenancy should actually end says a lot about the quality of the tenancy agreement.
            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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              #21
              The snag with the standard saving wording in an NTQ is that it presupposes that you know how much notice needs to be given. So, for a tenancy requiring a month's notice you say it expires: "on [date] or at the end of the period of the tenancy which will end next after the expiry of one month from the service upon you of this notice". The notice achieves certainty because the recipient knows when the notice was served. I cannot remember the precise rules for a notice to quit to be valid, but I think it needs to be clear on its face. If I am right, then a notice to the effect that it expires on one date if one month's notice is needed but on a later fate if two months' notice is needed is not clear on its face.

              Whatever the position, a single notice would need to be carefully worded. There is a risk of getting it wrong if you have no precedent to follow and if you do that you have served no notice at all. The risk is not worth if it certainty can be achieved by serving two notices.

              If you serve a month's notice which is valid if one month's notice is required it will end the tenancy. The two months' notice you serve the next day will be of no effect as you have already served notice ending the tenancy.

              If you serve a month's notice and it is of no effect because two months' notice is required it will not end the tenancy. However, any valid two months' notice you serve the next day will end the tenancy.

              It will be important to ensure that the month's notice is served or deemed served before the two months' notice.

              If it gets to court there can be no argument that the tenancy has not ended, only when it ended.

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                #22
                Hi All

                Thanks for the advice. We've decide to give 2 months notice which will end on 27th December - They will be on Xmas holidays so it should be interesting to see if they turn up and get the keys - We very much doubt this, but it won't be our problem

                Again thanks for the advice

                Darren

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                  #23
                  Suggest you post keys back in through letter-box - get a witness, email them that info before 23:59 27th .... or they might argue tenancy not ended 27th..
                  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...

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                    #24
                    Originally posted by theartfullodger View Post
                    Suggest you post keys back in through letter-box - get a witness, email them that info before 23:59 27th .... or they might argue tenancy not ended 27th..
                    The tenancy ends by valid NTQ by the tenant; LL arguement cannot make it otherwise.

                    They might try to argue that possession was not returned on 27th.

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