Tenant withdraws his notice

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  • Tenant withdraws his notice

    We rented out our house whilst we went abroad for several months. We returned in March and instructed our agent to give the tenant the required two months notice. This the agent did but came back and told us that infact the tenant said he was about to give us one months notice anyway.
    On the 25th of March the agent confirmed to me via email that the tenant would be giving his one months notice..therefore no need to issue the two months notice. This mean't an actual contract period notice of 1st of April until 1st of May.

    Now over two weeks later the tenant has said that he does not wish to give his one month notice and will take our two months notice instead. The agent says that although the tenant told him he was giving his one months notice he never did it in writing.

    The problem is that we have now arranged to leave our current accomodation and cannot stay as arrangements have already been made to have it re-occupied. Effectively then we will be homeless from the 1st of May and in need of one months accomodation somewhere.
    Surely if the tenant tells the agent that he is giving his notice that is a verbal contract? How can he just withdraw his instruction after over two weeks?
    Can we take 'reasonable' living costs out of his deposit to compensate us for this? Or can we just ask him to vacate after his initial one months notice?

  • #2
    Originally posted by paulride View Post
    We rented out our house whilst we went abroad for several months. We returned in March and instructed our agent to give the tenant the required two months notice. This the agent did but came back and told us that infact the tenant said he was about to give us one months notice anyway.
    On the 25th of March the agent confirmed to me via email that the tenant would be giving his one months notice..therefore no need to issue the two months notice

    ....

    Surely if the tenant tells the agent that he is giving his notice that is a verbal contract? How can he just withdraw his instruction after over two weeks?
    Can we take 'reasonable' living costs out of his deposit to compensate us for this? Or can we just ask him to vacate after his initial one months notice?
    I assume we are talking about an assured shorthold tenancy which has become periodic.

    I doubt the T's verbal notice is valid. Even it it was, you can't simply turf out the T at the end of the notice.

    The only way to evict a T who does not want to leave voluntarily is to follow the legal procedure to regain possession.

    Either way, T is not liable for your living expenses.

    Did the agent serve notice on the T or not, as you make contradictory statements?

    If the agent did serve notice, please answer a few questions:
    1. what date was the last day of the fixed term? The 1st of the month, the 31st, etc?
    2. what date was the s.21(4)(a) notice served and what date did it expire?
    3. is the deposit protected by a scheme?


    Edit: And if agent did not serve notice, just answer Qs 1 & 3.

    Comment


    • #3
      It was an assured shorthold that was originally 6 months until march and then moved to a rolling periodic contract.
      Their contract date starts on the 2nd of the month.
      So if they gave notice of one month they should have been out on the 1st or 2nd of May since their official notice period would have been from the 2nd of April.

      Its not about when we served notice, my point is they told our agent they would definately be giving one months notice on the 25th of March and then over two weeks later on the 8th of April (during which time they did not put it in writing) they withdrew that statement and said they preferred to take our two months starting from the 2nd of April and finishing on the 1st of June. They told the agent of their intent to give notice on or before the 25th of March, so for a period of more than two weeks they let us and the agent think they had given notice of one month and after taking them at their word, we arranged to leave where we currently are and move back into our house. We can't stay where we are because an agreement is now already in place for it to re-occupied from the 1st of May. We now have to try to find someone who can provide accomodation for one month.(May)

      Comment


      • #4
        Originally posted by paulride View Post
        Its not about when we served notice, my point is they told our agent they would definately be giving one months notice on the 25th of March and then over two weeks later on the 8th of April (during which time they did not put it in writing)...They told the agent of their intent to give notice on or before the 25th of March, so for a period of more than two weeks they let us and the agent think they had given notice of one month and after taking them at their word, we arranged to leave where we currently are and move back into our house.
        Yes, I understand your point, but the fact is that the T didn't give written notice on or before 25th March, or even by 2nd April (the deadline for a notice expiring 1st May), he just told the agent of his intention to do so - which isn't the same thing at all.

        My questions about whether a valid s.21 notice was served by the agent are relevant because, if it turns out to be invalid, and the T changes his mind again and wants to stay longer, then you'll be back to square one.

        Comment


        • #5
          Section 5 if the Protection from Eviction Act 1977 requires a notice to quit to be in writing. No writing means no notice. It seems in any event from what you say that the tenant only indicated an intention to give notice. The agent ought really to have served a section 21 notice as a back up in case the notice was not forthcoming. He needs to get on and serve one now.

          Comment


          • #6
            Agent should still have issued 2 months notice, irrespective of tenants comments! Its a belt and braces approach that would have circumnavigated all this hassle!

            You cannot back date a section 21.. you will have to issue it now for it to end Beginning of July. Discuss your arrangements with your LL, they cannot just boot you out and so you could stay... what can they do evict you?? Have to issue notice first and go to court....
            GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

            Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!

            Comment

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