Tenant revoked notice

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    Tenant revoked notice

    Mt tenant sent me a letter last week giving notice, moving out on 20 dec, today she sent another letter revoking this. I would like her out, what is the best thing to do?

    #2
    What tenancy agreement are they on? An AST, SPT? Is the property in England or Wales? What is the period of the tenancy agreement?

    Have they proposed an alternative date?

    Far to little information to provide any worth while comment.
    There is always scope for misinterpretation.

    If my posts can be interpreted in two ways, one that makes you feel angry and one that doesn't, I meant the latter.

    Everyday is an opportunity to learn something new.

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      #3
      What date did the tenancy start, and how long was the fixed term?
      Allow tenants to protect their own deposits. I want free money when they do it wrong

      Comment


        #4
        sorry! the tenant has been in the property for 9 years on a 6 month AST. This has been renewed every 6 months. She sent me a letter last week saying that she was moving out on 20th December (the last tenancy agreement she signed was on 1st oct 2012 so runs until 1st April 2013) I wrote back to her thanking her for her notice and calculating what rent she would owe until that day (she can be very difficult and is fairly switched on to her rights which worries me slightly) I have been thinking of ending her tenancy anyway and so was delighted to receive her notice. Today I have had another letter from her enclosing a cheque for this months rent and saying that the property she was moving into has been flooded and she cannot now move and so would like to retract her notice to quit. I would like her to go as I say, what is my best course of action now? any help gratefully received

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          #5
          She can't serve a Notice to Quit until after the fixed term expires, so the notice she sent is invalid.
          You are free to accept an invalid notice, but I am unsure whether you can act on it in court if she retracts it. I fear not.

          Was the fixed term for 6 months and one day? I asked how long it was for, not when it ran out.
          Allow tenants to protect their own deposits. I want free money when they do it wrong

          Comment


            #6
            No it was for 6 months

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              #7
              And I forgot to say that the property is in wales

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                #8
                the tenant cannot give notice within the fixed term. you can accept a surrender to the property if she leaves and you agree so but if she doesnt want to leave, then the notice doesnt oblige her to do anything, as the notice itself has no validity
                All views posted reflect my personal opinion only and do not constitute professional advice which I am not qualified or knowledgeable enough to provide.

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                  #9
                  Thank u for that, so if her notice is not valid anyway what is the best way to go forward? As I said before the tenancy agreement AST was dated 1st oct 2012, do I send her a form 21 (and which one) now stating the date to vacate the property on or before 1st April 2013 (I am assuming that I cannot ask her to leave before this date?)

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                    #10
                    No, you can't. You can accept if she offers, but you can't force her. You can issue a section 21 notice now notifying that you will be applying for possession AFTER the 31st of March (you need to double check what the last day of the tenancy is.)

                    Have you taken a deposit? If so, is it protected in an approved scheme ?
                    All views posted reflect my personal opinion only and do not constitute professional advice which I am not qualified or knowledgeable enough to provide.

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                      #11
                      Ok, regarding deposit she didn't pay one, the property was left to me by my late father and he did not take a deposit (she moved in 9 years ago and my dad died 5 years ago). The tenancy agreement just says 6 months from 1st oct 2012 so I am assuming that means it technically expires at midnight on 31st march? Please correct me if I am wrong! Do you know which section 21 I should send to her? Am very grateful for your help!

                      Comment


                        #12
                        Date sounds correct, yes. Be careful of the wording to say AFTER the 31st of April, as that day is included in the tenancy.

                        The form you need is a Section 21(b) Notice and i believe there is a link to one somewhere in this forum
                        All views posted reflect my personal opinion only and do not constitute professional advice which I am not qualified or knowledgeable enough to provide.

                        Comment


                          #13
                          Originally posted by MSaxp View Post
                          Date sounds correct, yes. Be careful of the wording to say AFTER the 31st of April, as that day is included in the tenancy.

                          The form you need is a Section 21(b) Notice and i believe there is a link to one somewhere in this forum
                          Go and check your calendar, I can't gloat because I've done it too.
                          I offer no guarantee that anything I say is correct. wysiwyg

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                            #14
                            sorry 31st of March, was thinking its not the 1st of april as mentioned above
                            All views posted reflect my personal opinion only and do not constitute professional advice which I am not qualified or knowledgeable enough to provide.

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