Notice to Quit validity in Joint tenancy which is rolling now.

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    #16
    Thanks for reading the story. When i gave email notice , estage agent replied without other tenants signstures it is invalid notice. I have a copy of the email. This time in covering letter i mentioned i am happy to go to small claims court if you don't accept it. I believe there is no point asking him again as i crossed my limit of patience for both sides.

    On hindsight, i should have moved on but trying to patch up of 20 yrs marriage as i ay attached to my 14 yr autistic son. I was threatened if i leave, i never see my son again which made me think twice.

    My final straw broke down as i paid x-wife this month rent to pay as thought if my email notice is valid n they pay rent on my behalf, i can argue and get away saying i gave notice. IF Landlord accepted rent, so another implicit contract on rest of tenants and they are saved from mesne rent.
    But yesterday estate agent asking for rent, so my rent disappered. That is when i decided enough is enough.

    All i am happy to pay this month rent n 14 days rent next month until notice but right now, we are in arrears for this month.

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      #17
      I have another question regarding same propery and sane tenents. We received email in March suggesting rent increase is due from 100 to 325 per month. Also advised we can reject it some thing like that. As i was under severe stress, not botherd to read properly. Also got mentioned Please cobtact Citizen advise Bureau or if we don't reply £325 will be increased. It is lock down time and almost impossible to get any one on phone.

      But my x-wife rejected the idea of increas in rent. Later in April, we received another email sayimg is 4 years over ( not technically correct 3 yrs 6 months) and what we thought about rent. Again x-wife rejected it. I thought matter is over as no correspibdance from the. Agent.

      But recently i went to pick up copy of contract, i was told 325 is adding into my arrears. I am already concerned if he presses for 325 as it is rent it self 60% of salary as other tenents not adding to it.

      So how legally estate agent can charge 325 increase in rent, esp. Sending an email during lock down as everything close down.

      All i am trying todo is prepare what i might be charged in the end?

      Comment


        #18
        To increase rent without your agreement the agent (or landlord) has to serve a specific notice, called a section 13 notice.
        That contains details of how you can appeal against the proposed increase.

        If the notice is valid and you don't appeal to a tribunal, the rent increase comes into effect when the notice says it does.
        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
          Thanks. It seems the notice i received is S13 and we didn't appeal as i have under the impression that other tenants ready to move to their other house. So worst case, i am happy to pay couple of months. But other tenants is taking their time and i doubt it might take 3 to 4 months. That prompted me to give notice as i am not able to pay 1300 per month plus other bills.
          But my only question is, is it possible to appeal in lock down? I feel timing of notice is not right. So i have to pay for the month of May, June n July (14 days) as i served notice 2 days before contract date.

          Comment


            #20
            Originally posted by Anilkumar View Post
            But my only question is, is it possible to appeal in lock down?
            Yes, you may not have been able to have a hearing in a short time scale, but while the case is pending, you don't have to pay the new rent (but if the tribunal finds against you, the increase is backdated).
            But, it's not relevant, as no one appealed.
            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


              #21
              So basically i am screwed for not taking seriously s13 notice and my missing rent by my x this month. Thanks. I gathered enough information. Thanks to all of you who contributed. Final question as notice time frane confusing. I signed contract on 14/10/2017. Today i sent Notice overnight n will reach tomorrow. 11/06/2021. I clearly mentioned i am leaving on 14/07/2021 and provided the forwarding address. Is there any thing i missed, if i missed, i can go to their office and give one more notice and get some kind of prrof. But i am sendumg email also tonight as i don't want fail on correct notice as these amount i owed made me scared already.

              Comment


                #22
                Sorry. Notice Reach tomorrow 12/6/2012 not 11th.

                Comment


                  #23
                  Err.... if you have a statutory periodic tenancy that arose from either an initial 6 months fixed term where the rent was paid 6 months in advance, or a 3 months "extension" where the rent was paid 3 months in advance, then the period of your tenancy is 6 monthly or 3 monthly respectively. That means the minimum notice of your notice to quit is correspondingly 6 months or 3 months ending at a period of the tenancy.
                  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


                    #24
                    Originally posted by Anilkumar View Post
                    Today i sent Notice overnight n will reach tomorrow. 11/06/2021. I clearly mentioned i am leaving on 14/07/2021
                    What does your tenancy agreement says about how notice may be served and when it is deemed served?
                    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


                      #25
                      Agrreement titled assured shorthold tenancy agreement and it says tenant required to give atleast 28days notice or one montg in the case of monthly tenancy. Also i have email from estate agent saying 30 day notice needed when i asked for notice period.

                      So i believe 30 day notice is enough. Also the reason estate agent rejected my email notice 2 months ago sayimg he needs all signatures and that is the reason he is saying.

                      Comment


                        #26
                        Also conttact says the tenant notice must end on the first or last day of the period of tenancy. In accordance with the common law rules.

                        Comment


                          #27
                          I paid 6 months rent due to credit history and paid in 2 installments. After 6 months unknowingly asked whether we can stay 3 more months and estate agent said it is ok and gave monthly rent option or 3 month up front and i took monthly option. . But estate agent email saying 1 month notice required as well contract is sayimg same. Please don't stress me out 😁

                          Comment


                            #28
                            You're obviously not going to mention it voluntarily to the agent, but you need to be aware of it in cases the agent dispute your notice on those basis.

                            You haven't answer my question regarding what the agreement says about how and when notices are deemed received. It may be that the agreement was silent on the issue, but if not, it's important given how close you are to the start of the new period (assuming monthly) and the weekend. Not 100% sure you have served long enough notice depending on wordings of 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.

                            Comment


                              #29
                              When a tenancy becomes periodic, the notice period is set by the legislation, which supersedes any notice periods in the tenancy agreement.
                              For a monthly periodic tenancy, which I think this is, the notice period is a minimum of a month ending at the end of a tenancy period, which sounds like it should be the 13th of the month.

                              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


                                #30
                                Yes. Agreement is in front of me and never mentioned how tenants serve notice. But it says how land lord serves notice like registred or recorded delivery. Also if tenent mentioned email in the contract, email notice is valid by next day. That is reason i gave email notice 2 months back not sure whether it is valid or not. So i served notice today by written. But later i write email notice too and ask explain what reasons my notice is invalid and lets see what he says.

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