T seeks to end letting by too-short Notice

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  • T seeks to end letting by too-short Notice

    Hello,
    I am landlord of one property in Kent.
    The current tenant has given only 6 weeks notice to vacate and for payment of rent. (Effectively 4 weeks, as they knew I was out of the country and would not receive the letter!)
    The rental agreement (assured shorthold tenancy) states 8 weeks.
    They also owe for a washing machine repair, (paid for by me) but are ignoring the invoice.
    How should I proceed?
    I do not hold a months rent on deposit.

    Many thanks.

  • #2
    Should we assume the tenancy has finished the fixed term & is now in periodic phase??

    If so, regardless of what it says in the tenancy agreement, the T only has to give 1 month notice - finishing at end of next rent period (so if Rent is paid 1st of month & notice given now it would end 30th Nov).

    Cheers!

    Lodger
    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...

    Comment


    • #3
      Originally posted by hurricane jo View Post
      Hello,
      I am landlord of one property in Kent.
      The current tenant has given only 6 weeks notice to vacate and for payment of rent. (Effectively 4 weeks, as they knew I was out of the country and would not receive the letter!)
      The rental agreement (assured shorthold tenancy) states 8 weeks.
      They also owe for a washing machine repair, (paid for by me) but are ignoring the invoice.
      How should I proceed?
      I do not hold a months rent on deposit.

      Many thanks.
      Is this an assured shorthold tenancy within the fixed term, or a periodic tenancy?

      Either way, on what date does/did the fixed term expire?

      Comment


      • #4
        I assume they are not in the fixed term agreement and are on a periodic tenancy?

        The minimum requirements for the notice to be valid are;

        •it is in writing, and
        •it is given not less than four weeks before the date on which it is to take effect, and
        •it must expire at the start or end of a period of the tenancy, unless the tenancy agreement specifies otherwise.

        Providing they have done this then the notice is valid and their tenancy will terminate at the expiry of the notice.

        The washing machine is kind of irrelevant. If you are not holding a deposit and If they are refusing to pay you for the repair then I think your only option would be to issue a claim in the small claims court.

        Comment


        • #5
          Many thanks.
          Is, therefore, anything enforceable in the AST ?

          Comment


          • #6
            thanks durbs/westminster,

            This is now a periodic tenancy? - AST originally ran from 1/12/06 until 29/11/07 and has been renewed annually since.
            Not sure what is meant by 'start or end of a period of the tenancy'?? (rent paid on 1st of the month) Notice given for 15 November.

            Comment


            • #7
              Originally posted by hurricane jo View Post
              Is, therefore, anything enforceable in the AST ?
              That depends. We still need to know your replies to posts #2/3.
              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


              • #8
                Are we talking about a two week difference here? Why are you attempting to hang on to this tenancy? Let it end amicably.

                Comment


                • #9
                  hello Poppy,

                  No not attempting to hang on to tenancy - they are going whatever. Just trying to establish legal requirements as clearly property may stand empty through Christmas period now - large mortgage! The tenancy soured a few months ago when we mended dishwasher and didn't provide new one. (It is only few years old - newer than mine!)

                  Comment


                  • #10
                    Then now is the time to consider re-letting. Negotiate viewing arrangements with your tenant. Get your property ship shape. Source a decent regulated agent. Please focus on getting new tenants instead of legal requirements for the outgoing tenant.

                    What are you worried about? Your current tenant moved in December. By your logic they are doing you a favour by moving out mid November instead of early December.

                    Comment


                    • #11
                      Originally posted by hurricane jo View Post
                      This is now a periodic tenancy? - AST originally ran from 1/12/06 until 29/11/07 and has been renewed annually since.
                      It's not a periodic tenancy if the current tenancy agreement has not expired. What date does it expire?

                      Comment


                      • #12
                        Originally posted by hurricane jo View Post
                        AST originally ran from 1/12/06 until 29/11/07.
                        Why not for a full year, anyway?
                        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


                        • #13
                          Just to clarify the agreement which both parties signed at the beginning of the tenancy has ended, so there is no longer a requirement for your tenants to give you the 8 weeks notice as stated in that agreement. The AST has ended, you state on the 29/11/2007. Assuming no new agreement has been signed the tenancy has just rolled on from one rental period to the next i.e. it has become a Statutory Periodic Tenancy. The statutory requirement for a tenant giving notice is a minimum of 4 weeks. Notice can either end at the start of a period of tenancy or an end of a period of tenancy. From the information you have given I believe that to be either the 1st of the month or either the 30th or 31st of the month, depending on which month the notice is served.

                          If they have given you notice to quit which expires on the 15th November then this is not valid and you could insist they serve you with correct notice. If they served this notice today it would have to expire on either the 30th November or the 1st December for it to be valid. You are only gaining a couple of weeks though, so consider whether it is worth it.

                          Comment


                          • #14
                            Originally posted by durbs View Post
                            The statutory requirement for a tenant giving notice is a minimum of 4 weeks.
                            No. T's Notice To Quit involves a Notice period equal to the periodic tenancy's period (itself defined as the same as the fixed-term's rent frequency). This is unlikely to be four weeks.
                            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


                            • #15
                              You hold no deposit. You would have to recover any extra 2 weeks' rent through the courts. Not worth it.

                              Be grateful the only dispute is over a washing machine. They could have trashed the place. Be nice to them and let them go - your own silliness in being over-mortgaged is not their fault - and then with luck they will not leave a rotting kipper under the kitchen floorboards.

                              Comment

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