Notice to quit by tenant

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    Notice to quit by tenant

    Following on from the other thread, in a long e-mail, following my promise to increase the rent from 1st February 2020, The tenant included in his e-mail.

    “As per the terms of the now defunct contract, I shall vacate the flat on or around 1st February 2020, at wich (sic) point your contractors will be in a position to move back in and finish what they have started”

    I have been reading up trying to ascertain whether this is a 'valid notice to quit. I am not convinced, although i have read

    A notice to quit by a tenant must*:
    • be in writing
    • state the date on which the tenancy is to end, and
    • provide at least four weeks notice (Protection from Eviction Act 1977, s.5).
    It does those three
    i
    also read

    'This is because a landlord and tenant are free to treat a tenant's defective notice as valid (Hackney LBC v Snowden (2001) 33 HLR. 49).'

    Anyone able to help, would this e-mail be sufficient if he chose then to remain in the flat after 1st February for me to get a possesion order and/or charge 'mense' profits if he refused to move out.

    The problem is he is refusing to communicate with me after sadly our professional relationship.broke down and I fear a section 21 may not be valid as I might have missed something about 4 years ago when law changed regarding prescribed information and a now out of date (3 months) EPC.

    #2
    I think the opening words can be ignored even though it does not make a lot of sense to gove notice pursuant to a defunct contract. The notice does not follow standard wording, but I think it covers everything. So long as 1st February is a date on which the tenancy can be ended the notice looks valid.

    Comment


      #3
      Originally posted by Lawcruncher View Post
      So long as 1st February is a date on which the tenancy can be ended the notice looks valid.
      Does "on or around 1st February" provide certainty of the date?

      Comment


        #4
        Originally posted by MdeB View Post

        Does "on or around 1st February" provide certainty of the date?
        No. I somehow managed to miss that. Ignore post 2.

        Comment


          #5
          There's a template on this website in the documents section, just get them to fill it out and sign it.

          Comment


            #6
            Just write to T at rental address stating you have received his NTQ for1st Feb 2019, which you accept.
            Send it First Class and get a free PO Cert of Posting.
            Keep a copy of all correspondence and Cert of Posting.

            Comment


              #7
              Originally posted by ash72 View Post
              There's a template on this website in the documents section, just get them to fill it out and sign it.
              I can't get into docs at the moment - it comes up website is being updated.

              Comment


                #8
                Thankyou - it is his assertion that the contract is defunkt, but i was just pasting his words as obviously it is not, he asserted that on the basis (I think) that I told him rent would go up in February and I would be sending the legal documentation forthwith (Contract was orignally signed for 31st May 2012 and rent has not risen since), So i believe 1st of month would be the correct date.

                Is proof of posting sufficient, or should i use recirded delivery?

                Comment


                  #9
                  Don't waste money on recorded delivery for this, as anyone who answers the door may sign for it.

                  Comment


                    #10
                    More to the point, if there's no one in, the letter is returned to the post office, waits a month and is then returned (if the royal mail can see who sent it).
                    Your letter won't have been delivered and there's evidence that any notice hasn't been served.

                    Or they might decline to sign for it and it will go the same route.
                    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).

                    Comment

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