Acceptance of notice to quit

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    Acceptance of notice to quit

    Our tenancy agreement is a periodic tenancy running from 27th of each month.

    We contacted the landlord by text on 21st stating we would be leaving the property on 26th of the following. He asked for the notice in writing which was posted.

    The house is now being advertised by the agents.

    In a conversation with the landlord yesterday he claimed he wasn't aware we were leaving as the notice in writing has not been received.

    Where do we stand on this one? My belief is that by advertising the property as available he has shown acceptance of our notice.

    Any help is appreciated.

    Thanks

    #2
    Originally posted by gustave View Post
    Where do we stand on this one? My belief is that by advertising the property as available he has shown acceptance of our notice.
    The LL doesn't need to 'accept' your notice; you simply provide it, end of story. The potential problem here is that you presumably don't have proof of having posted it?

    What does the LL say when you ask him why he's marketing the property, if he didn't receive your notice?

    I'd be inclined to move out on the 26th as planned; but make sure you keep evidence that the property is being marketed now (copies of adverts, photos with verfiable dates etc) which if necessary you could wave at a judge if the LL decides to come after you for unpaid rent after you've quit.

    Comment


      #3
      What proof do you have of your notice being in writing? A certificate of posting maybe?

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        #4
        LL sounds like he's lying (it's a common problem with the breed). Argue that your text message, the letter you've written and the fact the agency is now advertising the property are circumstantial evidence that you've given notice. Post a new letter, reiterating that you have already given notice, your belief that he has received the letter and informing him of your intention to move out on the 26th. Finally, say that alternatively, if he has not received the notice (which you doubt) that you want the current letter to be notice for the 26th of the following month.

        Obtain a free certificate of posting for the letter (do not get it sent recorded or special delivery as the person receiving can refuse to sign for the letter). Post another copy from a different post office and get another certificate (there is zero chance of two letters from two different locations getting lost in the post).

        Then move out when you were originally planning to and tell the LL that if he wants a month's extra rent he can take you to court for it. If he actually serves you with a claim form you can then negotiate if you wish or defend the claim on the basis the LL got your original notice.
        Disclaimer:

        The above represents my own opinion, derived from personal knowledge and should not be relied upon as definitive or accurate advice. It is offered free of charge and may contain errors or omissions or be an inaccurate opinion of the law. I accept no liability for any loss or damage suffered as a result of relying on the above.

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          #5
          Thanks for the replies. The to let sign had already been put up before the letter was posted so didn't get a proof of posting. An error in hindsight.

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            #6
            As a follow up, could the LL keep a months rent from the deposit, which is in the deposit protection scheme, or would they have to take us to court to try and claim it?

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              #7
              The landlord could try this but a dispute would have to be started and the deposit suspended until things were resolved. The DPS runs a resolution service which some say nearly always favours the tenants. It would be unlikely to develop into a court case.

              If you have proof of the advertising of the property as suggested by Snorkerz then keep that as evidence.



              Freedom at the point of zero............

              Comment


                #8
                Originally posted by bhaal View Post
                LL sounds like he's lying (it's a common problem with the breed).
                Right, and tenants never do so?

                I'm not casting aspersions in the current case, but it's quite extraordinary how often letters of notice (in either direction) apparently get lost in the post, compared to other correspondence.

                I had a tenant leave about a year ago; the very first I knew of it was a phone call 'just to confirm you got my letter giving notice last week, because you hadn't replied to me'?

                They were buying a house and had just got a completion date, and it was blindingly obvious that they were trying to avoid a few week's overlap - he was a very poor liar. No proof of course, and I just sighed inwardly and decided to let them off with 3.5 week's notice, rather than kick off about it. Ironic thing is that they'd been good tenants and we'd got on well, and I'd almost certainly have let them off with the 3.5 weeks notice if they'd been up front about the situation.

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                  #9
                  Eric - I think it is just the nature of tenants even reliable ones, that they just decide to move on and see no reason to give notice or blag their way out of it just because they paid the rent. I have had similar experiences also.



                  Freedom at the point of zero............

                  Comment


                    #10
                    I'm not making any accusations of lying. The LL says he hasn't received the letter and I have no reason to doubt him. The question is merely whether his actions of advertising the house would support our claim that notice has been given, or if the lack of receipt of a letter, or proof of posting would allow him to claim we haven't given notice.

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                      #11
                      Originally posted by gustave View Post
                      I'm not making any accusations of lying. The LL says he hasn't received the letter and I have no reason to doubt him. The question is merely whether his actions of advertising the house would support our claim that notice has been given, or if the lack of receipt of a letter, or proof of posting would allow him to claim we haven't given notice.
                      I suspect his actions of advertising the property do NOT support your claim.

                      He could be advertising the property because he intended evicting you anyway
                      The advertising board was errected before you sent your notice.

                      Based on the cold hard facts. It is your responsibility to provide written notice to your landlord. Although you may have written and posted a letter, it does not appear to have got there. Therefore you have not provided written notice to your landlord.

                      Having said that - there is no harm trying to appeal to his better nature

                      Comment


                        #12
                        Five landlords in the past five years and three have continuously lied. Two about retaining the deposit. We all have stories.
                        Disclaimer:

                        The above represents my own opinion, derived from personal knowledge and should not be relied upon as definitive or accurate advice. It is offered free of charge and may contain errors or omissions or be an inaccurate opinion of the law. I accept no liability for any loss or damage suffered as a result of relying on the above.

                        Comment


                          #13
                          I ckerzan see your point Snorkerz, except he would have to give two months written notice, so the earliest the property could be available would be May and not April as advertised.

                          If he tried to use your arguement we could claim he's preventing our enjoyment of the property be expecting us to facilitate almost daily viewings, and therefore in breach of the lease!

                          Comment


                            #14
                            More than 99.99% of correctly addressed letters which have not been returned to sender arrive.

                            This means that:

                            1. Letters with cheques that do not arrive have not been posted.

                            2. Letters which the recipient would rather not have delivered are always delivered - unless sent registered and declined.

                            Comment


                              #15
                              Originally posted by gustave View Post
                              I ckerzan see your point Snorkerz, except he would have to give two months written notice, so the earliest the property could be available would be May and not April as advertised.
                              I'm not saying that is what he will claim, maybe he will claim he was acting in advance because you had told him verbally. Your problem is that notice has to be written.

                              If he tried to use your arguement we could claim he's preventing our enjoyment of the property be expecting us to facilitate almost daily viewings, and therefore in breach of the lease!
                              Expecting is different to demanding. You have the option to decline such visits.

                              To the lay-man, one of 2 things has happened....

                              1) You forgot to post the notice
                              2) You posted the notice & LL has lied about receiving it.

                              Sadly, you can't prove that (1) is not true, so (2) becomes irrelevant.

                              The above is all how I see it in the coldest terms, I stress again that this desn't prevent you trying to come to some arrangement which works for everybody. However, when attempting to do so, remember that the LL is under no obligation to give you a (good) reference, and if that is important, you may have to tread more warily.

                              Comment

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