Notice to Quit

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  • Notice to Quit

    If my agent/landlord has served a notice to quit 2 months before the end of my AST agreement, but I didn't get the letter untill nearly a week after it was sent (sent normal post).... when is the actual date to quit? is it the day I received it, or the date the letter was sent?.

    Many thanks in advance.

    Thom

  • #2
    If there is a clause in your AST that indicates how such notices are to be served, your landlord has followed this procedure and the delay was due to the post, then the notice is valid, I believe, to be effective on the date stated despite you being able to prove late delivery. If there is no such clause, and you can prove late delivery, or the landlord cannot prove that the notice was served to your address to give you two or more months notice then, IMHO, the notice is invalid. Although this will gain you an extra two months, you will have to go to the trouble of defending the grant of the possession order in court. Note what I say at the bottom of my posts!

    P.P.
    Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

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    • #3
      Thanks P.P. I'm digging out the agreement now... but i've just noted that the letter from the agents is dated the 20th of this month, but the date to quite the property is the 19th of June! Does that mean that he's actually still giving less than 2 months notice?

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      • #4
        Originally posted by TGMoon
        Thanks P.P. I'm digging out the agreement now... but i've just noted that the letter from the agents is dated the 20th of this month, but the date to quite the property is the 19th of June! Does that mean that he's actually still giving less than 2 months notice?
        If you look at the notice closely you may find the date stated is "after 19th June" Could you confirm the exact words of the notice here?
        Vic - wicked landlord
        Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
        Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

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        • #5
          Letter dated 20th April to take possession after 19th June is less than 2 months. I believe that the latest the letter could be dated would be the 19th April and even then it would have to be hand delivered, not posted.

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          • #6
            Thanks everyone. The notice actually said vacant possession "on the 19th", and the letter was dated/written on the 20th, so.... less than 2 months.

            FYI we wrote back saying we concidered the notice invalid, and gave notice ourselves for a month later. Though we did state that we would move out on the date he originally specified if he supplies us with our bond back in full on the date we move. We also said that we would agree to an inspection of the property while we were present though we would hotly contest any reduction in the bond, i.e. no reductions for wear and tear etc. We also said that if he took the above option and paid our bond back in full, we'd drop an outstanding compensation claim for lack of hotwater and heating for 5 weeks in winter.

            I hope this wasn't a stupid thing to do!!!! still awaiting his reply

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