Can landlord reject tenant's Notice to Quit?

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  • Can landlord reject tenant's Notice to Quit?

    If a tenant has handed their notice in and gave one month which is on the tenancy agreement, can a landlord not accept this date?

  • #2
    Bit more information required before the members can offer suggestions:

    Is this an assured shorthold tenancy? If so,
    What is the commencement date?
    What is the end date or length of the fixed term?

    Comment


    • #3
      Originally posted by Faye View Post
      If a tenant has handed their notice in and gave one month which is on the tenancy agreement, can a landlord not accept this date?
      If you mean that T wants to leave on the date when a fixed term tenancy expires, no Notice at all is necessary- so L has no say in the matter.
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
      4. *- Contact info: click on my name (blue-highlight link).

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      • #4
        the T has handed a months notice in dated which the end date is 8th of april her tenancey expires in July 09 this is only a 6 month short term tenancy

        thanks

        Comment


        • #5
          The short answer is no. The tenant has signed an agreement until July 2009.

          Is there any kind of break clause written into the tenancy agreement? I'd be surprised for a six month tenancy.

          Are you the tenant?

          Comment


          • #6
            From what you have posted so far it sounds like T cannot serve a valid notice to quit as it cannot expire before the end of the fixed term.

            If T wants to leave on the day the tenancy expires in July 09 then no notice is required. (As Jeffrey said)

            If T stays on after the end of the fixed term in July then a periodic tenancy arises and a 1 month notice needs to be served. T can then leave on the date in that notice and LL could not complain.

            T can leave during the fixed term, but only if LL and T agree on the terms upon which T will surrender the tenancy. If this is going to happen I suggest getting a deed drawn up to clearly cover both sides.
            PAUL GIBBS, solicitor, Jacobs & Reeves. My comments on this forum are correct to the best of my knowledge and belief. No responsibility or liability is accepted by reason of reliance upon such comments. This disclaimer would not apply to direct clients of Jacobs & Reeves where there is a valid retainer in place and I would be happy to confirm any advice if formally instructed. . Jacobs & Reeves now offer a fixed fee possession service.

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            • #7
              No i am not the tenant i am the agent and a very confused one at that!!

              Thanks for your help anyway. So the tenant cant leave as she still has 4 months of her tenancy.

              I just want to get my facts straight before i talk to the LL.

              So she cant even leave if she has posted a months notice in writing?

              Comment


              • #8
                Originally posted by Faye View Post
                So she cant even leave if she has posted a months notice in writing?
                No, she can't.
                JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                4. *- Contact info: click on my name (blue-highlight link).

                Comment


                • #9
                  Originally posted by Faye View Post
                  If a tenant has handed their notice in and gave one month which is on the tenancy agreement, can a landlord not accept this date?
                  The bit in bold concerns me... unless i've misunderstood it.

                  Usually the tenant cannot terminate a fixed term assured or assured shorthold tenancy agreement before the end of the term unless:-

                  1- The tenant is able to persuade the landlord to agree to it; or

                  2-the agreement allows this

                  If the 1 month notice is written into the agreement then the tenant surely can terminate??
                  Borat hope his post are some help. Borat thinks people should double check anything someone who refers to himself in third person says...

                  Comment


                  • #10
                    Originally posted by Borat View Post
                    The bit in bold concerns me... unless i've misunderstood it.

                    Usually the tenant cannot terminate a fixed term assured or assured shorthold tenancy agreement before the end of the term unless:-

                    1- The tenant is able to persuade the landlord to agree to it; or

                    2-the agreement allows this

                    If the 1 month notice is written into the agreement then the tenant surely can terminate??
                    It depends on whether the 'one month' bit is:
                    a. general (i.e. that T must give one month's Notice no matter whether T terminates tenancy at fixed-term expiry or thereafter); or
                    b. specific (i.e. that T can terminate the tenancy at any time whether during the fixed term or thereafter [or- alternative possibility- at a stipulated time] by using an explicit break clause and serving a one-month Notice).
                    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                    4. *- Contact info: click on my name (blue-highlight link).

                    Comment


                    • #11
                      Originally posted by jeffrey View Post
                      It depends on whether the 'one month' bit is:
                      a. general (i.e. that T must give one month's Notice no matter whether T terminates tenancy at fixed-term expiry or thereafter); or
                      b. specific (i.e. that T can terminate the tenancy at any time whether during the fixed term or thereafter [or- alternative possibility- at a stipulated time] by using an explicit break clause and serving a one-month Notice).
                      Agree completely. Just concerned me that OP mentioned this in their first post as if it was possibly the point everyone was not in agreement on!
                      Borat hope his post are some help. Borat thinks people should double check anything someone who refers to himself in third person says...

                      Comment

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