one month's notice - when to give

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    one month's notice - when to give

    Hi there

    I recently moved into a flat with an assured shorthold tenancy agreement on a six month initial basis with an option to renew on a month by month basis after the end of the first six months. 1st six months ended on 31st July.

    I moved in on 1st Feb and since then have been subject to an harassment campaign by the freeholder of the building (not the landlady) who lives on the first and second floors (I live on the ground floor).

    Harassment includes - notes about not leaving my washing on the patio (I have sole use of same), not banging front door to loudly, being told to keep my curtains shut as she doesn't want to look into my bedroom - window faces onto the ground floor, arranging for the garden to be done on Sunday morning without giving reasonable notice.

    I have let the lettings' agent have a copy of all these notes.

    Today, she verbally abused me - (through my closed front door whilst she was in the hall, I may add), calling me an f****** lazy bitch because I had left 2 pizza delivery leaflets on the desk in the shared passageway. The tirade continued for a few minutes and she then left the building.

    My question is, in light of these attacks, I would like to leave. I can take no more (have been to doctor and was prescribed anti-depressants). Would I have a case for giving in my notice today - with a view to leaving on 7 September and being able to get back my full deposit (£823.00) or would I have to wait, as the lettings' agent insists, until the 1st September before I can tender notice? The agents say I can only tender notice on the anniversary of my moving in date and my contract says I am on a monthly statutory periodic tenancy.

    Would I have any legal recourse in light of the freeholder's actions? Could I claim that as I have been subject to harassment, a month's notice, on whatever day of the month it is served is now sufficient?

    Best wishes,

    Sussex

    #2
    1. Problem: your contract (AST tenancy) is with your landlord L, not with freeholder F. F's actions are not something for which L is reponsible.
    2. Of course, you do have legal rights against F- just as you would against any nearby resident behaving objectionably. You would have to proceed against F only, unless you could argue that L is vicariously in breach of "quiet enjoyment" covenant.
    3. Once the fixed-term AST expired on 31 July, you hold-over on a monthly periodic tenancy. You can end this at any month end, even without giving notice- although it is at least courteous to tell L four weeks in advance of your impending departure. If you want to go on 7 September, L can hardly stop you.
    4. Ignore the Agents- you can serve Notice on any date at all.
    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).

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      #3
      thank you so much - so just to clarify, I can serve notice today - thus giving one calendar month's notice without breaching my contract? My contract does not state that I can only tender notice on the anniversary of my moving in date, ie the 1st of each month.

      Does the phrase 'monthly statutory periodic tenancy' - which my tenancy is, mean that I can only give notice on the date my rent falls due? (in this case the first of each month?)

      Much appreciated.

      Comment


        #4
        Not so fast Jeffrey!!

        Originally posted by jeffrey View Post
        Once the fixed-term AST expired on 31 July, you hold-over on a monthly periodic tenancy. You can end this at any month end, even without giving notice- although it is at least courteous to tell L four weeks in advance of your impending departure.
        You missed this thread http://www.landlordzone.co.uk/forums...ead.php?t=7146

        What you say sounds a bit like the barrister.

        If you have time, please put me out of my misery as to your take on the matter by having a look at the thread. Thanks.
        All posts in good faith, but do not rely on them

        * * * * * ** * * * * * * * * * * * *

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          #5
          Originally posted by Bel View Post
          Not so fast Jeffrey!!



          You missed this thread http://www.landlordzone.co.uk/forums...ead.php?t=7146

          What you say sounds a bit like the barrister.

          If you have time, please put me out of my misery as to your take on the matter by having a look at the thread. Thanks.
          Well, no s.21 Notice seems to have been served in sussex's case; that is one difference.
          I suppose that the answer might depend on the desired outcome. If T wants to go, payment of rent for exact period of occupation (and no more) ought to be covered by a letter explicitly stating that the rent proportion is paid IN FULL AND FINAL SETTLEMENT; by accepting/banking it, L is acquiescing.
          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


            #6
            I have just re-read the article after receiving your reply...
            I know the people in the atricle have been served an s21, the bit I contest seems to imply that ANY s.p.t. can be terminated by leaving and just paying rent up to the end of the month. Which is contrary to the usual 'serve one months notice ending on a rent day' spiel which is the usual advice.
            All posts in good faith, but do not rely on them

            * * * * * ** * * * * * * * * * * * *

            You can search the forums here:

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