Not received notice

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Not received notice

    Hi,

    I've been renting for over 4 years now and am pretty up to date with what I need to do to end my tenancy term.

    However.....

    On my current tenancy I signed up for 6 months and after which no new agreement was signed. I did however before my last payment for rent give the 4 weeks notice required any way. I have rung up the letting agent with whome i've had most contact with acuse I don't have any for the landlord and they state now (1 and a half weeks before my aticipated move date) that they have not receieved my notice.

    I am expecting to move very soon and have paid deposits for a new place already i cannot afford to pay rent for another month and rent on my new place.

    Do I have a leg to stand on?

  • #2
    Originally posted by findme View Post
    Hi,

    I've been renting for over 4 years now and am pretty up to date with what I need to do to end my tenancy term.

    However.....

    On my current tenancy I signed up for 6 months and after which no new agreement was signed. I did however before my last payment for rent give the 4 weeks notice required any way. I have rung up the letting agent with whome i've had most contact with acuse I don't have any for the landlord and they state now (1 and a half weeks before my aticipated move date) that they have not receieved my notice.

    I am expecting to move very soon and have paid deposits for a new place already i cannot afford to pay rent for another month and rent on my new place.

    Do I have a leg to stand on?
    Your post is a little confusing - if your current AST is a 6 month fixed term, and if you have paid the rent up to the end of the 6 month fixed term , you cannot be made to pay any more if you move out by the last day of that fixed term. You are not even required to give any notice at all, although it is courteous to do so.

    The only way that you would be liable for another month's rent is if you failed to moved out and the tenancy thus became 'periodic'.

    Or do you mean that 4 years ago you signed a contract for 6 months which has since become periodic, and you have not given notice in writing?

    Please clarify!
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

    Comment


    • #3
      Originally posted by findme View Post
      Hi,

      I've been renting for over 4 years now and am pretty up to date with what I need to do to end my tenancy term.

      However.....

      On my current tenancy I signed up for 6 months and after which no new agreement was signed. I did however before my last payment for rent give the 4 weeks notice required any way. I have rung up the letting agent with whome i've had most contact with acuse I don't have any for the landlord and they state now (1 and a half weeks before my aticipated move date) that they have not receieved my notice.

      I am expecting to move very soon and have paid deposits for a new place already i cannot afford to pay rent for another month and rent on my new place.

      Do I have a leg to stand on?
      Notices need to be in writing to the address stated in your contract or if a new section 48 was issued, that address.

      The only thing you can do is try and negociate

      Comment


      • #4
        Originally posted by mind the gap View Post
        Don't worry! If you have paid the rent up to the end of the 6 month fixed term of your current AST, you cannot be made to pay any more if you move out by the last day of that fixed term. You are not even required to give any notice at all, although it is courteous to do so.

        The only way that you would be liable for another month's rent is if you failed to moved out and the tenancy thus became 'periodic'.
        T signed for 6 months AST but has been periodic for 3.5 years

        Comment


        • #5
          sorry to make it clear. i originally signed up for 6 months which then finished. i neevr signed a new contract after that and had no follow up from the letting agents.
          the original 6 month term finished about 5 months ago. i have not paid rent in advance to cover 6 months and pay towards the end of the month every month.
          I work stupid hours and therefore am never able to go in person to the letting agent so posted my original notice request to the agent before i paid this months rent. they are claiming that they never recieved it.

          Comment


          • #6
            Originally posted by findme View Post
            sorry to make it clear. i originally signed up for 6 months which then finished. i neevr signed a new contract after that and had no follow up from the letting agents.
            the original 6 month term finished about 5 months ago. i have not paid rent in advance to cover 6 months and pay towards the end of the month every month.
            I work stupid hours and therefore am never able to go in person to the letting agent so posted my original notice request to the agent before i paid this months rent. they are claiming that they never recieved it.
            I am still not sure where the 'four years' comes into it, but if your most recent fixed term ended five months ago, then you do need to have served notice in writing, as you seem to have done. Did you keep a copy of the letter you sent and proof of postage?
            'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

            Comment


            • #7
              Originally posted by Paul Gibbs
              If you are no longer within the fixed term of a tenancy then please let me know because the fact that the letting agent has not received any notice does not necessarily mean that you have to serve a new notice. (in certain circumstances the law deems your notice to have been received even if it never arrived).
              Thankyou I am not in any fixed term tenancy at this time. as stated the contract actually ended 5 months ago and I never signed a new one and the letting agents never contacted me to see if I wanted to extend and re-sign for another 6 months.

              No new paperwork has ever been issued so from what MTG is saying i'm probably on the periodic tenancy type thing.

              (and yes the 4 years is total renting time however not in my current property)

              Comment


              • #8
                Please tell us: -

                1. What was the start date of the original tenancy
                2. The date that 6 month term ended
                3. Under the original agreement when was the rent payable (and was it to be paid weekly or monthly)
                4. When the 6 month agreement ended were you still required to pay rent on the same date, and at the same frequency
                5. On what date did you send the notice to the letting agent, how was it served (post or by hand)
                6 How long did your notice state it was to run for (i.e. did you give 4 weeks notice or 1 month?)
                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.

                Comment


                • #9
                  If you can prove that the letter was sent, you are probably okay (proof would be something like a free certificate of positing), without proof you may have to give fresh notice.

                  Comment


                  • #10
                    Originally posted by Snorkerz View Post
                    If you can prove that the letter was sent, you are probably okay (proof would be something like a free certificate of positing), without proof you may have to give fresh notice.
                    Strange thing this free 'proof of posting'. Last time I used it I was given the blank little document but with the PO stamp already on it and asked to fill it in. I could have filled in any address as I was not asked to show it or to post my letter back over the counter. I think you are supposed to fill in the 'proof' card and then you hand over the letter and then they stamp it and post letter themselves. Still, its all valid. Just the system that is short cut by my local PO counter staff I guess.
                    Chas

                    Comment


                    • #11
                      Originally posted by Charles19 View Post
                      Strange thing this free 'proof of posting'. Last time I used it I was given the blank little document but with the PO stamp already on it and asked to fill it in. I could have filled in any address as I was not asked to show it or to post my letter back over the counter. I think you are supposed to fill in the 'proof' card and then you hand over the letter and then they stamp it and post letter themselves. Still, its all valid. Just the system that is short cut by my local PO counter staff I guess.
                      Chas
                      True, but if you buy your stamp at the same time, you will get a computer-printed 'till-receipt' with the delivery postcode printed on it. The 'hand-written' ones should only be used for parcels but staff use them as a short cut because the computer ones are inconvenient for prepaid items.

                      Comment

                      Latest Activity

                      Collapse

                      • if we haven't signed the renewal are we still liable?
                        Lexy333
                        Our 6 month short term assured tenancy agreement ended on the 2nd August. We are with a reputable agency. We were invited to renew for a further 6 months back in July and were asked to email our confirmation that we wish to renew in writing. This I did. We were sent the renewal tenancy to sign. We have...
                        22-08-2017, 14:00 PM
                      • Reply to if we haven't signed the renewal are we still liable?
                        mariner
                        I would say your original AST continues as SPT.
                        If now a new verbal AST, you may have a new fixed term and you cannot serve NTQ during fixed term (6 months?).
                        Talk to LL directly, rather than LA.
                        Why did you agree to a new AST, rather than request rolling over to SPT....
                        23-08-2017, 00:30 AM
                      • 6 year deposit claim
                        MaliaZ
                        Hi guys, I know that a tenant can claim a penalty on an unprotected deposit but I just wondered when the 6 year clock starts ticking.
                        22-08-2017, 16:43 PM
                      • Reply to 6 year deposit claim
                        mariner
                        As memory fades over time, can someone provide a 'sticky' for dates when key elements of LL&T Legislation changed? I believe Apr 2012 predates later deposit timescales.
                        23-08-2017, 00:08 AM
                      • NTQ during fixed term?
                        vpltd
                        Hi,
                        Can a LL issue a valid NTQ during the six-month fixed term of an AST agreement?
                        (A residential let in England.)
                        VPL.
                        11-08-2017, 14:53 PM
                      • Reply to NTQ during fixed term?
                        Wright76
                        It's worth noting that guidance is under part 4 where tenant obviously is given notice to end of a period and therefore apportionment would not be applicable.

                        The reference to the notice to quit ending the tenancy on the notice date does not change the fact that it obviously does however,...
                        22-08-2017, 23:24 PM
                      • Reply to NTQ during fixed term?
                        Wright76
                        I think thats exactly what the section I have just quoted confirms.

                        And thereafter, if you choose not to accept they are leaving as a result of the section 21 you must insist on a notice to quit or await a court ordering possession (where you will be ordered to apportion anyway)
                        ...
                        22-08-2017, 23:13 PM
                      • Reply to NTQ during fixed term?
                        mariner
                        A lot of energy has been expended in this debate. It has been suggested a LL has no need to take Court action if T apparently vacates after receiving a s21 but with no Notice. LL cannot safely assume has vacated without Court confirmation, to avoid a T allegation of 'illegal eviction'. Equally I would...
                        22-08-2017, 23:00 PM
                      • Reply to NTQ during fixed term?
                        Wright76
                        If someone could copy and paste section 21 (4) a and b (I'm really not technical!), the law seems to recognise that a tenancy CAN end as a result of a section 21 and before a possession hearing.

                        21(4)b........the tenancy could be brought to an end by notice to quit given by the landlord...
                        22-08-2017, 22:38 PM
                      • Reply to 6 year deposit claim
                        KTC
                        Assuming that the money originally paid had been used as a deposit for the single tenant tenancy, then 6 years and 30 days from when the 2012 tenancy started. And... if that was a fixed term tenancy, then 6 years and 30 days for any subseqent renwal and likewise from when it went periodic.
                        22-08-2017, 22:22 PM
                      Working...
                      X