6A Notice Dates

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    #16
    In your shoes I'd accept that (in writing) and hope tenant leaves, but also send s21 (just-in-case).

    If judge says tenant's notice too short refer him to
    Hackney LBC v Snowden, 2001, Court of Appeal

    Open to landlord and tenant to agree to treat NTQ as valid and thereby waive the requirement of four weeks’ notice.
    Good luck! Let us know what happens.
    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...

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      #17
      We need to see precise text of T Notice. Does it expire at end of a rental period?
      OP can accept as implied offer early surrender and serve own NTQ after expiry, but if deposit not duly protected, T can claim for non-protection for up to 6 years after rel date,

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        #18
        Exact wording: I am writing to give notice that I intend to vacate the property xx ending the tenancy on the 9th Feb 17".

        The 9 Feb was the last day of the rental period.

        The sad thing is I did protect the deposit and correctly issue the PI within 30 days with Tenant signing the certificate with Info for tenants attached. I assumed that when the tenant signed the certificate this was their agreement that all details included PI had complied with regs including the 30 day rule.

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          #19
          Forget the s21. You have good notice from the tenant which you have clearly accepted in writing. It doesn't sound like they gave you the correct amount of notice so when I say good notice, I mean its clear and you acceptance of it validates it. I would say just act on this. If they don't leave then you can apply for possession straight away and in theory at least charge them a sum equal to double rent each month.

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            #20
            Originally posted by DPT57 View Post
            Forget the s21. You have good notice from the tenant which you have clearly accepted in writing.
            I haven't sent written acceptance.
            Accept the tenant's notice now!

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              #21
              Sorry, misread the post, I thought OP said she had sent written acceptance. So yes, send written acceptance now.

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                #22
                Thanks for all the advice. Im going to post written acceptance through the letterbox by hand now. Do I need to put today's date on the acceptance or leave it out, given the delay in serving written acceptance and the proximity to the tenant's notified leaving date?

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                  #23
                  If you date it, it should be the right date.
                  No point in trying to be clever.
                  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).

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                    #24
                    Wouldn't put incorrect date on but just wondered if I needed to date it at all?

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                      #25
                      It won't affect anything - the tenant has served notice and you're simply formally accepting it.
                      It would have been better to have done it before now, but it shouldn't be an issue.

                      Not dating it won't achieve anything more positive.

                      I'd add something to the note to give it a purpose other than simply accepting the notice - suggest a date for a check out or something like that.

                      If you're posting it through the door take a witness (ideally someone who is not a family member).
                      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).

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                        #26
                        Thank you very much for your advice.

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                          #27
                          If the tenant doesn't leave can anyone please advise how I go about repossession - is there a specific court form for this?

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                            #28
                            I can only find court forms using S21 or S8 as grounds for possession but can't find anything on the forum for gaining possession when tenants serve notice but don't leave. Would be grateful for any advice.

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                              #29
                              As far as I know its the normal form N5.

                              I have no personal experience of this, though - it hasn't actually ever arisen with one of my properties.
                              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


                                #30
                                Thanks for your help jpkeates.

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