Housing Act 1988 amended 1977 Act- Notice to Quit?

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    Housing Act 1988 amended 1977 Act- Notice to Quit?

    As far as I can see in the housing act it states that notice
    (a) it is in writing and contains such information as may be prescribed, and
    (b) it is given not less than 4 weeks before the date on which it is to take effect.

    My LA is saying that if I give notice 'today' (14th) i'm liable for rent until 9th of February as I normally pay my rent on the 10th.
    I have the chance of a new house but I can't see the LL keeping it until then for me.
    Could someone clarify this for me please?
    I was under the impression that a months notice would suffice. It doesn't state in the housing act anywhere that notice HAS to end on the anniversary of the payment date.
    Unless someone can point me in the right direction in the Act!!

    #2
    Originally posted by Willo View Post
    As far as I can see in the housing act it states that notice
    (a) it is in writing and contains such information as may be prescribed, and
    (b) it is given not less than 4 weeks before the date on which it is to take effect.

    My LA is saying that if I give notice 'today' (14th) i'm liable for rent until 9th of February as I normally pay my rent on the 10th.
    I have the chance of a new house but I can't see the LL keeping it until then for me.
    Could someone clarify this for me please?
    I was under the impression that a months notice would suffice. It doesn't state in the housing act anywhere that notice HAS to end on the anniversary of the payment date.
    Unless someone can point me in the right direction in the Act!!
    More details please. Which Act, and re what (AST or something else)?
    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


      #3
      Sorry Housing Act 1988

      I read this:-
      Notice to quit etc (1) In section 5 of the 1977 Act (validity of notices to quit) at the beginning of subsection (1) there shall be inserted the words “Subject to subsection (1B) below”.
      (2) After subsection (1) of that section there shall be inserted the following subsections—
      “(1A) Subject to subsection (1B) below, no notice by a licensor or a licensee to determine a periodic licence to occupy premises as a dwelling (whether the licence was granted before or after the passing of this Act) shall be valid unless—
      (a) it is in writing and contains such information as may be prescribed, and
      (b) it is given not less than 4 weeks before the date on which it is to take effect.

      (1B) Nothing in subsection (1) or subsection (1A) above applies to—
      (a) premises let on an excluded tenancy which is entered into on or after the date on which the Housing Act 1988 came into force unless it is entered into pursuant to a contract made before that date; or
      (b) premises occupied under an excluded licence.”

      Initial agreement finished in August, now periodic.

      Comment


        #4
        I found this helpful: http://www.landlordzone.co.uk/notice_to_quit.htm

        It runs from one rent period to the next, generally one month.

        Comment


          #5
          Ah, but s.5 of the Protection from Eviction Act 1977 relates ONLY to the validity of Notices to Quit.
          Notices under s.8 or s.21 of Housing Act 1988 are NOT "Notices to Quit".
          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
            yes but my argument with the LA is that i can't find anywhere in any act that i have to give notice on or from a rent day??

            Comment


              #7
              Originally posted by Willo View Post
              yes but my argument with the LA is that i can't find anywhere in any act that i have to give notice on or from a rent day??
              1. On what date did tenancy begin?
              2. For what term was it granted?
              3. If term has expired, tenancy may continue.
              4. On what date is rent payable, according to Tenancy?
              5. What Notices (if any) have you received from L or Agent?
              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


                #8
                Originally posted by jeffrey View Post
                1. On what date did tenancy begin?
                2. For what term was it granted?
                3. If term has expired, tenancy may continue.
                4. On what date is rent payable, according to Tenancy?
                5. What Notices (if any) have you received from L or Agent?
                1. 10thFeb 2007
                2. 6 Months
                4. the 10th
                5. No notices

                Comment


                  #9
                  Originally posted by Willo View Post
                  1. 10thFeb 2007
                  2. 6 Months
                  4. the 10th
                  5. No notices
                  So the fixed term expired on 9 August. Next day (10 August) was day 1 of a monthly periodic tenancy, and each 10th of month is another.

                  As T, you can end this indefinite arrangement. You need to give at least one month's Notice to L. Best practice is that your Notice should end at the end of a tenancy month (i.e. that you serve a written Notice at any time between now and 9 January 2008, to take effect at the end of 9 February 2008). This seems to be what L requires.

                  There is another view, holding that your Notice does not need to be aligned with a tenancy month-end and could take effect one month from service (no matter what day). This seems to be your preference in post #1.
                  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


                    #10
                    There is another view, holding that your Notice does not need to be aligned with a tenancy month-end and could take effect one month from service (no matter what day). This seems to be your preference in post #1.
                    Yes Jeffrey, that is exactly what i am wanting to do.
                    I want to give notice today or tomorrow to move out on the 14th or 15th January
                    LA is saying I can't give notice until the 10th of next month now!!

                    I'm going to lose this new house if I can't move in until Feb 14th or 15th.

                    Comment


                      #11
                      My question is where does it state in any of the Housing Acts that the Agent can say this?
                      Agent has now said they will withhold my deposit to cover the rent up until they 'say' I should give notice to!!

                      Comment


                        #12
                        The reasoning is thus:

                        You are on a periodic tenancy...every month the tenancy renews for a further month. You are required to pay for the whole month in advance , as per agreement. Unless LL agrees, you simply cannot change the length of the period at will, it is a month and that is that. In the same way you cannot pour out half a pint from a 1 pint milk carton in sainsburies, unless you speak to the manager first and he will say no anyway.

                        If you pay weekly, then the notice is usually 4 weeks. The period is one week. You cannot end halfway through the week.

                        You can still move into new flat; you will just have to agree to pay for 2 rents at once. Sorry.
                        All posts in good faith, but do not rely on them

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

                        You can search the forums here:

                        Comment


                          #13
                          Thanks Bel
                          but what about jeffrey's comment

                          There is another view, holding that your Notice does not need to be aligned with a tenancy month-end and could take effect one month from service (no matter what day).

                          Comment


                            #14
                            Jeffrey was mentioning what others think; he passed no judgement on the merits of that thought.

                            I agree sometimes wording is ambiguous regarding what is one months notice; but you will find that most sources/books say it should end at the end of the period.

                            (Passing thought; Are you sure you were not served a section 21 notice at the start of your tenancy? Some agents do this routinely. If so you could leave when you like.)
                            All posts in good faith, but do not rely on them

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

                            You can search the forums here:

                            Comment


                              #15
                              ok i've found this line at the start of my agreement

                              This agreement creates an Assured Shorthold Tenancy as defined by section 19A of the housing Act 1988 as amended by the housing Act 1996. The Landlord will therefore be entitled to recovery of posession of the premises in accordance with the provisions of Section 21 of the Housing Act 1988 (1996) by serving upon the Tenant at least 2 months notice in writing.

                              I'm guessing then that S21 HAS been served alongside the initial agreement.

                              Can you explain why this means I can leave when I like please and could you suggest some wording I could put in my notice?

                              I'd be forever grateful.

                              Comment

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