Ending tenancy!!

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    #31
    Originally posted by KTC View Post
    I'm interested to know the arguments. Do you mind expanding on why?
    Because of the required duration of the notice period.

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      #32
      Originally posted by jjlandlord View Post
      I'm still doubtful that it is possible to do that.
      It would probably have to be served personally, but I don't see why it's impossible.

      Comment


        #33
        Originally posted by StuartH View Post
        It would probably have to be served personally, but I don't see why it's impossible.
        The point is that, however it is served, I am far from convinced that if it is served on the first day of a period it can expire at the end of that period.

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          #34
          Originally posted by jjlandlord View Post
          The point is that, however it is served, I am far from convinced that if it is served on the first day of a period it can expire at the end of that period.
          This has been discussed loads...

          There's a twist: The NOTICE doesn;t expire end of that period but the TENANCY does...

          The 1947 case we all vividly recall of Crate v Miller says a tenant's NTQ may expire on last or 1st day of tenancy period.

          Separately, think we all agree the tenancy (not the notice, the tenancy) for a tenant's NTQ, may only expire on last day of period.

          So, on 1st day of tenancy period (for sake of discussion 10th December 2016) tenant issues valid NTQ expiring 10th Jan 2017: (Valid as per Crate v Miller). Tenant departs, cleans, returns keys etc by end of 9th Jan 2017. Tenancy has ended 9th Jan 2017.

          Sorted! (But suspect many agents, solicitors, judges haven't fully researched this...)

          Further, I take the personal view that tenants don't usually understand LL/tenant law that well and frankly for the sake of a day or two, it is wise to accept an almost-OK-NTQ as valid (in writing...) and move forward. Or dig your heels in & get even more of a reputation as a tricky landlord/agent....

          How many actual valid tenant NTQs do us landlords or agents get..., in writing (cf TXT, email, voicemail, bloke pops in and tells you...), served in compliance with s196 of Law of Property Act 1925 (...by registered post or recorded delivery, or personal delivery.....) ?
          http://www.legislation.gov.uk/ukpga/...20/section/196
          I suggest a minority, possibly a small minority.
          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


            #35
            Originally posted by theartfullodger View Post
            This has been discussed loads...
            Yes, but no-one has provided any evidence to prove their point.

            Originally posted by theartfullodger View Post
            The 1947 case we all vividly recall of Crate v Miller says a tenant's NTQ may expire on last or 1st day of tenancy period.
            As discussed this just means that however the notice is expressed the effect is the same. Thus the wording does not change the length of the notice.
            Either the notice is valid or it is not whatever the wording, unless you can show me otherwise.

            You keep quoting this case but you also keep ignoring this.

            Originally posted by theartfullodger View Post
            How many actual valid tenant NTQs do us landlords or agents get..., in writing (cf TXT, email, voicemail, bloke pops in and tells you...), served in compliance with s196 of Law of Property Act 1925 (...by registered post or recorded delivery, or personal delivery.....) ?
            I suggest a minority, possibly a small minority.
            Texts and emails are in writing and there is no requirement to serve in in compliance with s.196 so I don't see your point here.

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