Tenant notice after -1 day and then Retraction

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    Tenant notice after -1 day and then Retraction

    Hi,

    Please help me understand where we stand with our tenant and contract.

    We agreed a tenancy renewal in September with our tenant of 4 years, but then with 2 days before the new annual term was due to begin our tenant sent the letting agent we use an email giving 2 months notice of her wanting to vacate the property.

    Our letting agent sought advice on the contract and confirmed that she is in breach of contract and we could pursue her for a full years rental income and costs for finding a new tenant.

    We having been caught a little off guard by the news accepted the Notice to leave by the tenant but requested a longer (upto 4 months) period to allow us to find a new tenant considering it would be over the Christmas period.
    Our tenant never responded to the request and instead told the letting agent that all future correspondence must be via email, no calls.

    We subsequently had interest from several parties through the same agents to purchase the property if we wanted to sell that has resulted in our tenant allowing several viewings of the property and One party is willing to make a full asking price offer pending a 2nd viewing.

    However, since the first viewings and after 8 days our tenant has sent the agency an email saying she couldn't find any other suitable properties (in other words price as we haven't increased the rent for 3 years) and is retracting her notice that she has given and wants to stay for the full 12 months on her terms, being that there are several repairs that she feels are needed and has refused access to the property for any further viewings.

    We have accepted her notice and now made alternative plans for the property.

    So my question to all is "Do you know where we might stand with the matter? Is she in her right to retract the Notice despite us having accepted it?"

    If you can please provide any advise / knowledge you have we'd much appreciate it.

    Thanks,
    Gavin

    #2
    Does the tenancy permit notices to be served by email?? Bet it doesn;t...

    Was the original notice accepted: (eg email sent back saying "OK, you can leave on that date & tenancy ends".)
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

    Comment


      #3
      Before you start to look at the legalities and what is allowed amnd what is not allowed, decide what you want to achieve from this situation.

      If she was a good tenant up 'til now, would you like to retain her a s a T? If she is okay why not suggest to her that she stay but at a new rental amount that would suit you?

      pm
      Before acting on forum advice, you may wish to consult an expert, someone who has all the relevant facts, and who accepts liability for their advice.

      Comment


        #4
        In view of the new term not having started, tenant could have left the next day anyway couldn't she?

        Letting agent is purely concerned about their commission, and is making you look unreasonable by insisting on a year's rent.

        Comment


          #5
          Originally posted by theartfullodger View Post
          Does the tenancy permit notices to be served by email?? Bet it doesn't...
          Even if it doesn't it is still reasonable for a tenant to serve Notice in this way, BUT a tenant cannot serve Notice during the fixed term to end a periodic tenancy that hasn't commenced, which is some way towards JKO's post.
          The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

          Comment


            #6
            2 days before the end of the existing AST, and before the new term started the T gave 2 months notice. Which you accepted. I would read this as the T does not wish the new AST to commence.

            8 days after this, so 6 days into whatever state of T now exists the T wants to stay, and presumably is living there and paying rent?

            If notice has been given and accepted does the new 12 month term exist or not, surely not? Or would that depend on when the notice was accepted?

            So is the T now on SPT? And if so the LL can give 2 months notice to the T, if they want to start that route?

            Gavin - have you reprotected the deposits and served the PI again? A tenancy exists, I am not sure what type?

            What date did the old AST end, when was the new term due to start?

            Was the contract signed by all parties with all having a signed copy each?

            If the T can not get out of a fixed term unless you consent and you have consented then I would think her notice must stand unless you accept her withdrawal of that notice?

            pm
            Before acting on forum advice, you may wish to consult an expert, someone who has all the relevant facts, and who accepts liability for their advice.

            Comment


              #7
              What the tenant's notice says is very important.
              What (if anything) did it say about the new tenancy?
              Did anything visible change in the new tenancy agreement (rent, date rent is due)?

              How did you make your counter offer of 4 month's notice?
              Did the tenant actually accept your offer?

              Originally posted by property mongrel View Post
              Before you start to look at the legalities and what is allowed and what is not allowed, decide what you want to achieve from this situation.
              This is good advice.
              When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
              Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

              Comment

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