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Notice period when contract has expired and landlord has been in breach of contract!


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I was wondering if anyone can help me...ive been renting a house off my friend who has subsequently got herself in financial bother. Just before xmas she advised me that her and her husband were going to be selling the house, much to my surprise! i looked for somewhere else and consequently told her verbally i would be moving out at the end of february. She is now claiming that she doesnt remember me saying this and that she had told me i had to stay here til april 1st, i disagreed and now she is saying she wants 28 days notice written from me dated the second time i told her i would be out by end of feb which was 6th feb, this will mean that i am going to either lose my other house or have to pay rent for 2 house for 2 weeks. My contract (which was just an old tenancy agreement from a house i had before with a new front page added!) ran out in september last year and doesnt state any notice period at all. I pay my rent fortnightly would this mean i can give 2 weeks notice? For the duration of my tenancy she has been in breach of contract by not having the central heating fixed and leaving me to rely on a gas fire heating the whole house with a six year old daughter living with me? Please help!

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When did you give her verbal notice?

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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What specific date did you give notice?

 

Its important.

 

were there any witnesses to the conversation?

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Date?

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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If it was November, thats OK.

 

You are liable for rent up until the 5th of March, due to the way the new periodic rolling tenancy works, but no more.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Why bother? It wont get anywhere. Just move out and dont give her a forwarding address.

 

In this situation she is being unreasonable.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Well you have to weigh the two up.

 

I appreciate that, but ultimately its very unlikely that you can enforce your legal rights (i.e. notice period etc) without some form of confrontation or disagreement...

 

I would have a simple conversation with her stating that you gave notice that was accepted, and that you will be leaving at the end of Feb, paying rent up until 5th March. You are sorry if she feels that is an issue, but you cant do anything more.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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You are welcome.

 

Good luck - I dont envy your position, with your personal interests weighed up against a friendship.

 

Friends + tenancies = problems in my experience!

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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In your other thread you wrote:

I told her in January that i had somewhere i can move into and that it would be at the end of Feb, The signed tenancy was from 9th March 09 to 9th Sept 09 as it was for 6 months, but after reading the contract it has no notice period in it at all.

Your tenancy is periodic, so the Protection from Eviction Act 1977 s5 (as amended) comes into play.

 

For almost all assured shorthold tenancies it means that you have to give notice, it must be in writing, must end on a rent day or the end of a period of your tenancy, and must be served at least 28 days before.

 

Thus your rent day is the 9th of each month and to give the requisite minimum 28 days means that the earliest you can end it is 9th March (provided that you serve notice at least 28 days before).

 

You must then leave on or before 9th March. If you stay even one day longer, your notice fails and you have to serve notice again.

On some things I am very knowledgeable, on other things I am stupid. Trouble is, sometimes I discover that the former is the latter or vice versa, and I don't know this until later - maybe even much later. Read anything I write with the above in mind.

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