Tenants notice.

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    Tenants notice.

    In Lease requirement is for tenant to send notice to landlord to landlords address by registered post

    Tenant gives notice by serving at landlords address in person.
    Notice served in person 2 days prior to start of next period of periodic tenancy on monthly basis.

    Is notice valid having been served on landlord hand delivered and not as per clause in tenancy by post?

    #2
    I wouldn't like to argue in court that it wasn't valid having been delivered by hand.

    I think it would be pedantic and would make the clause unfair, as delivery by hand is obviously more secure than any registered post.

    The notice must be to the end of a payment period however.

    Comment


      #3
      what is this notice regarding?Tenant wants to leave?

      Comment


        #4
        Yes to pedantic but at what point can a tenant disregard an agreement clause þdue to whatever reason, in this case leaving it until it's to late to post.

        I'll rephrase the question. Is there any statutory way that the tenant should serve notice that over rides any clause relating to serving a notice contained in the tenancy agreement?

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          #5
          NTQ. From tenant.

          Comment


            #6
            The notice was sent in time and to the correct person. The issue is only relevant if you claim not to have received it.

            It is a bit like tenancy clauses which specify how rent should be paid (e.g. by standing order). If rent is paid it is hardly a breach if paid in cash and cash is accepted. But if tenant claims to have paid, and you claim they have not, the clause will help your case for non-plausibility of payment (which is why I would include such a clause).

            As an aside, if a tenant felt that you were dishonest (I am sure not the case) they might not like the idea of "registered post" (and there is no such thing anyway - at least in the UK - there is special delivery, or recorded delivery) since it cannot be proved what they posted. They might want to serve it via a process server or via witnessed hand delivery. As is their right.

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              #7
              I think I would just always work by the rule that any clause must be fair.

              It would be fair to insist that notice is in writing and within the period of the law.

              Had they have text or rang to give notice I would not state this was valid, however notice handwritten and hand delivered confirms receipt and delivery from the actual tenant.

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                #8
                No point in fighting this anyway as the law is stacked against landlords.Move on and get a new tenant .At least he gave you notice to quit .

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