Disputed correct serving of Notice

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    Disputed correct serving of Notice

    Hello Folks

    Be grateful for your confirmation of the following, I am disputing that a Notice to Quit has been served properly for one of my clients, as I have a solicitor arguing with me that it is correct. The tenancy has gone periodic after initially being a fixed term.

    The Notice clause says " This agreement may be terminated with effect from the end of the initial fixed term referred to in clause 2 above by either party giving Notice in writing of their intention to do so. Such notice will be two months from the Landlord to the tenant and two months from the tenant to the Landlord. This written Notice must expire either at the end of the fixed term or, if the tenancy becomes a contractual periodic tenancy, at the end of a period within the contractual periodic tenancy created by this agreement i.e. the day before a new monthly period of the contractual tenancy commences."

    The tenancy started on the first of the month and this is when rent is due. My interpretation of the above is that Notice would have to end on the 30th or 31st (depending on the month). The section 21 (4)(a) Notice given is for the 1st of the month. Am I correct in that they have to re-serve?

    There is also confusion over who is managing the property. The Landlord is a property consortium, but the original agents who were managing disinstruced the Landlords becuase they were difficult to work with. My client does not know who is managing the property, (so contacts the Landlords which is a job in intself trying to talk to someone who knows anything), they have had no correspondence to back anything up (I have asked the solicitor for copies of anything sent out just in case the postman lost it but nothing yet). The address in the tenancy for the Landlord is different to the one on the Notice, and the solicitor who has served Notice on their behalf has not been named on any paperwork to be able to do so. Can I also dispute the Notice on any of these grounds?

    Unfortunately the Notice has come at a bad time for my clients as one is due for surgery and the other has recently had a heart attack. Their doctor has written to the Landlords asking for a reprieve for a couple of months but to no avail. My client is aware that the property is the Landlords and if Notice is served correctly then they have to move and extenuating circumstances do not always get taken into account. However, if I can get them a couple of months for recouperation, this would really help. I think I can do this by having a genuine dispute about the the Notice?

    Be grateful for your comments. Thank you

    #2

    Comment


      #3
      Er, I think that Relocator was speaking on behalf of T, not of L. Invalidity of Notice is therefore good (not bad) news.
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
      4. *- Contact info: click on my name (blue-highlight link).

      Comment


        #4
        Incorrectly served Notice

        Thanks guys, yes I am working on behalf of the tenant, and you have just backed up what I thought was the case.

        Comment


          #5
          Disputed serving of Notice

          Further to the below, would anyone be able to advise me on the 2nd half of my post>

          "There is also confusion over who is managing the property. The Landlord is a property consortium, but the original agents who were managing disinstruced the Landlords becuase they were difficult to work with. My client does not know who is managing the property, (so contacts the Landlords which is a job in intself trying to talk to someone who knows anything), they have had no correspondence to back anything up (I have asked the solicitor for copies of anything sent out just in case the postman lost it but nothing yet). The address in the tenancy for the Landlord is different to the one on the Notice, and the solicitor who has served Notice on their behalf has not been named on any paperwork to be able to do so. Can I also dispute the Notice on any of these grounds?"

          Also if the "The agreement is made on" date is typed rather than handwritten is this invalid as I thought it had to be in ink? The date is for the day before the tenancy started.

          Many thanks. Vicki

          Comment


            #6
            The letting is between L and T. Agents are simply representatives of L; they have a contract with L for services; but they have no contract with T.

            L has duties to provide address for service under s.3 of LTA 1985 (if L acquired already-let property) and s.47/s.48 of LTA 1987 (ie s.47 when sending rent demands; s.48 at outset of letting and on any address change).

            Who manages property is therefore not really of interest to T. Serve Agents with Notices under s.1/s.2 of LTA 1985, if you want to pin-down L's name and address.
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

            Comment

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