Calculating correct date to serve NTQ

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  • KTC
    replied
    No. Assuming assured (whether shorthold or otherwise) tenancy, which is the default for residential tenancy where the tenant is a natural person (i.e. human not company), then if the tenant is still living there when the tenancy ends through time, a new periodic tenancy automatically arise as a matter of law.

    A landlord may only evict a residential tenant (exceptional applies but we're talking normal cases here) through the courts.

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  • Self sufficient
    replied
    Hi. As we all know have learned that a tenant can leave until the last day of their fixed tenancy agreement without giving any notice. But how about the landlord, can he/she insist on last day to leave on an assumption that since the tenant is not bound to give any notice to leave.

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  • KTC
    replied
    Tenant can leave without notice before the end of the fixed term. If they're no longer living there when the fixed term end (end of the day midnight last day), then no statutory periodic tenancy arises.

    Any clause requiring notice to end the fixed term is incompatible with the concept of fixed term tenancy.

    Any clause requiring notice prior to the ending of a fixed term tenancy is probably unfair under consumers law. Even if it is not deemed unfair, the LL survive no losses, since the length of the fixed term tenancy is.... fixed and have not shorten due to the lack of notice.

    All the above go out of the window if the tenancy agreement is for a tenancy that would continue period by period on a contractual basis at the end of that initial fixed term.

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  • Self sufficient
    replied
    Hello experts,

    Can a tenant leave the property until the last day of his fixed tenancy agreement (before it disguise into statutory periodic) with few days notice even the tenancy agreement explicitly says to serve 1 month of notice in contrast to shelter guideline as no notice is required in case of leaving on/until the last day of fixed tenancy.

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  • KTC
    replied
    Err...... no.

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  • Self sufficient
    replied
    Can not providing of inventory check in report enable the tenant to claim 3× deposit or rent reimbursement or invalidate S21 notice?

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  • MdeB
    replied
    Originally posted by Self sufficient View Post

    No copy or even response was provided post moving. All I have the date & stamped pictures and they have those tiny pictures which I am afraid they might not replace with bigger ones with conditions when these were new.
    If and when they try anything, dispute the tenancy deductions and put what happened as part of your evidence.

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  • Self sufficient
    replied
    Originally posted by DPT57 View Post

    That would be fraud and you could produce your copy as evidence
    No copy or even response was provided post moving. All I have the date & stamped pictures and they have those tiny pictures which I am afraid they might not replace with bigger ones with conditions when these were new.

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  • DPT57
    replied
    Originally posted by Self sufficient View Post

    But how about if later they attach bigger pictures on the top of signed page.
    That would be fraud and you could produce your copy as evidence

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  • mariner
    replied
    As yet an email does not have the protection of the Interpretation Ac,t like a First Class letter.

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  • Self sufficient
    replied
    Originally posted by DPT57 View Post
    Tiny pictures on the inventory will work in your favour as the agent wont be able to prove the condition.
    But how about if later they attach bigger pictures on the top of signed page.

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  • DPT57
    replied
    Tiny pictures on the inventory will work in your favour as the agent wont be able to prove the condition.

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  • KTC
    replied
    Originally posted by Self sufficient View Post
    used wrong signatures
    Unless someone has a gun to your head or something, just no.

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  • Self sufficient
    replied
    Besides this how about where you have been trickily compelled by the letting agent to sign the inventory check in report (paper version) with very tiny pictures on it making impossible to see the conditions of items. Was that a good/safer strategy that the tenant used wrong signatures because letting agent wasn't releasing the keys without signing whilst your removal van was On its way. Later on same day the tenant taken the pictures of every single item and the corner of the whole home with date & time and email these to letting agent's official email address without even one day being passed. A suggestion was also given to letting agent to store these pictures with them and update the inventory report who never responded although received.

    Will these pictures be helpful in case where in future letting agent try to dispute.

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  • MdeB
    replied
    Originally posted by Self sufficient View Post
    I think safer to serve the NTQ before the midday (12:00 pm) of 1st of the intended month of moving out so that the tenancy gets ended on the last day of month.
    You, like many tenants, seem to be obsessed with serving exactly one month's notice.
    That is not required and is a very bad idea (except in an emergency).

    You are requires to give at least one month's notice, not exactly one month, ending on the last day of a tenancy period (or the first day of the next period; common law says this is acceptable).

    Therefore serve notice as soon as you reasonably can:
    • It avoids the possibility of it arriving too late to be valid.
    • It gives the landlord (and your co-tenant) more time to decide hat they are going to do.

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