2 Months Notice

[rizel23]

Dear all,

 

We have been renting a property that went from a 6 month AST to a periodic tenancy.

 

Our rent payments are due on the 6th of every month.

 

I take it that the 2 months notice period is in effect from our next month rental payment 6th May and we need to vacate to property at the latest on 6th July but can still hand our own one months notice on 6th May to leave by the 6th June?

 

They rang my partner not myself so I'm awaiting confirmation via e-mail on what they actually said.

[Michelle Ann]

So just to confirm, do you have a notice to leave the property?

[rizel23]

So just to confirm, do you have a notice to leave the property?

 

not as yet, we just a a phone from the Estate Agent that the Landlord has given the Estate Agent the statutory 2 months notice as she want to sell the property.

[Michelle Ann]

not as yet, we just a a phone from the Estate Agent that the Landlord has given the Estate Agent the statutory 2 months notice as she want to sell the property.

 

Do not do anything until you physically get a Section 21 Notice. Verbal notification is not good enough.

 

This is from the Shelter website:-

 

If your landlord uses the shorthold ground (which s/he can only do if your deposit is held in a deposit protection scheme) the notice must:

be in writing

be at least two months long (or the amount of time between rent payments, whichever is longer)

end on the last day of a rental period

state that it is by virtue of Section 21 of the Housing Act 1988.

 

Suffice to say that if they have notified you today, then I believe the notice now must start on the 6th May ending in July. Otherwise you have not received the full sat notice period.

 

(I'm dealing with a similar situation, and have to wait for the court to issue an eviction notice as we have to go on the council register and they will not move until the court evict us. A Section 21 is not an eviction notice, it is a request to leave)

[rizel23]

Do not do anything until you physically get a Section 21 Notice. Verbal notification is not good enough.

 

This is from the Shelter website:-

 

 

 

Suffice to say that if they have notified you today, then I believe the notice now must start on the 6th May ending in July. Otherwise you have not received the full sat notice period.

 

(I'm dealing with a similar situation, and have to wait for the court to issue an eviction notice as we have to go on the council register and they will not move until the court evict us. A Section 21 is not an eviction notice, it is a request to leave)

 

 

thank you for your advise, we half expected it when we found a valuation of the property had been done on our last inspection. I think our Estate Agent was just giving us the heads up as i told them my concerns of the valuation being done at same time of the inspection and to let me know as soon as they did if the property was going on the market.

 

In away it gives us enough time to get our notice in to leave ASAP to leave when we wish to, so on Rightmove now looking for properties. Were especially annoyed as when we took the property the estate agent advised the property would most probably be long term or as long as wel wanted, 10 months down the line and.........

[Michelle Ann]

thank you for your advise, we half expected it when we found a valuation of the property had been done on our last inspection. I think our Estate Agent was just giving us the heads up as i told them my concerns of the valuation being done at same time of the inspection and to let me know as soon as they did if the property was going on the market.

 

In away it gives us enough time to get our notice in to leave ASAP to leave when we wish to, so on Rightmove now looking for properties. Were especially annoyed as when we took the property the estate agent advised the property would most probably be long term or as long as wel wanted, 10 months down the line and.........

 

No worries I'm in a similar situation. Knew my landlord was going to pull the rug from under us. If things get sticky or confusing I'd advise speaking to Shelter. They are very helpful with these matters.

[Steve__M]

If you pay rent on the 6th of the month then you have to give notice by or on the 5th of one month to leave by or on the 5th of the next month.

[mariner51]

Rent due day not nec the correct day, SPT rules work on T dates not rent dates.

eg T commenced (moved in) 1 Jun, rent paid pcm and due on 6th of month, fixed term 6mo, then fixed term ended 5 Dec & SPT commenced 6 Dec SPT month = 6th to 5th of following month

s21 if served after 5 Dec must expire after 5th Feb Rent due dates often but not always coincide with T dates. If they do, then the rule is T must move out day before next rent due date IF T gave NTQ during SPT

LL s21 does not terminate the T on expiry, it is merely a Notice that LL intends to seek repo at some time after expiry of Notice period. If T intends to abide to that date, then T should give LL valid 1 clear month NTQ.

[rizel23]

If you pay rent on the 6th of the month then you have to give notice by or on the 5th of one month to leave by or on the 5th of the next month.

 

thanks for confirmation.

 

I have viewing of a house hopefully tonight, which is twice the size of the bungalow we currently rent for not much more money, would be a lovely easy move if goes well as it just down the road. This time tomorrow i will hopefully be be posting off (recorded delivery) my one months notice to be leaving on the 5th June, fingers crossed.

[rizel23]

well we did not take the house were were scheduled to view as it had gone.

 

Now on to the serious matter. The estage agents appears to only like talking to my parnter, he ignors my e-mails and never phones me.

 

He has left a a voicemail stating we have to the 5th of July 2012 but he is sending a new rental contract out for us to sign which he says after talking the the landlord should allow us more time to find somewhere, it gives allows us one month notice to leave and the same one month notice from the landlord.

 

Now correct me if I'm wrong, but we have had no written confirmation giving us 2 months notice to be out by the 5th July (just a few voicemails) , surely this all needs to be in writing from the estate agent?

[The Carpet Cleaners]

yes.......... you have to have a section 21 notice in writing, which only informs you that the LL wants to take posession... It still does not mean that you have to leave after 2 months.... So with the dates that you are using if you have not had the section 21 in writing by Sunday they will have to wait another month till 5th August before seeking a posession order..... you on the other hand still only have to give 1 months notice....

[rizel23]

well we have received this this morning,

 

http://i45.tinypic.com/343oowk.jpg

 

its dated the 4th May but not received till today 8th May i presume because of the bank holiday. I'm confused what section 48 and surely the agreement renal date should now be 5th August giving us 2 clear months notice as it was received on the 8th May missing the cut off point of our payment date 5th May?

 

Thanks

[The Carpet Cleaners]

That does not look like a notice to quit... For what it is worth I would ignore that completely, and continue to look for somewhere else to live, and when you find somewhere give the required 1 months notice to leave.

[rizel23]

That does not look like a notice to quit... For what it is worth I would ignore that completely, and continue to look for somewhere else to live, and when you find somewhere give the required 1 months notice to leave.

 

thanks, so would this be tieing us into staying till at least 5th July or if correctly amended 5th August? TBH i can not see any benefit ATM of signing this agreement in our favour, we currently have not been served any notice period to quit which can only be served from the 5th June now to leave on the 5th August (8 weeks) and still allowing us to serve a 1 month notice by 5th June to quit on the 5th July.

[The Carpet Cleaners]

To be honest I cannot see what the aim of it is.... maybe others will be able to enlighten us. As you say do not sign anything, as you have not received a section 21 so now, as you rightly summise August is the earliest they could ask you to leave (still does not mean that you have to go then though).

Your best interests are served by not signing anything at all from them.

[rizel23]

I'm getting annoyed now, i have had a different estate agent ring me up asking to arrange a time to come and take details of the property for sale purposes!!! Should they not be trying to organsise this through our letting agent?

 

At the moment we have still not had any official notice telling us the land lord wants to sell in writing, do we have a right to refuse this till we do?

[mariner51]

Why not allow new EA to measure up for sale details at a time convenient to you, if it keeps LL happy? Your contract is with LL, not LA, I presume; LA would only have to ring you for your consent & LL may not want LA to know a sale is contemplated.

Do not allow photographs which include your personal possessions though.

Does rent day coincide with start date of AST?

You state T is already SPT so any notice (LL or T) must be served (received) by end of a T period and cannot expire until last day of rel T period. Normally, rent is due on 1st day of T period, (5th?) so last day would be 4th.

[rizel23]

Why not allow new EA to measure up for sale details at a time convenient to you, if it keeps LL happy? Your contract is with LL, not LA, I presume; LA would only have to ring you for your consent & LL may not want LA to know a sale is contemplated.

Do not allow photographs which include your personal possessions though.

Does rent day coincide with start date of AST?

You state T is already SPT so any notice (LL or T) must be served (received) by end of a T period and cannot expire until last day of rel T period. Normally, rent is due on 1st day of T period, (5th?) so last day would be 4th.

 

I do not think a phone call to my mobile number with no advance notification from LL or LA is very good practice. Our existing LA will have all the details required as they let the property out on the LL behalf obviously.

[The Carpet Cleaners]

How else are they going to contact you to sort a time out?

As mariner said the Landlord may not have told the Letting agent that the property is to be sold.

Therefore the letting agent would not be getting in touch with you about viewings. However the estate agent are just trying to get hold of you, to sort out a viewing date, and sorry but there is nothing unreasonable about that.

[rizel23]

How else are they going to contact you to sort a time out?

As mariner said the Landlord may not have told the Letting agent that the property is to be sold.

Therefore the letting agent would not be getting in touch with you about viewings. However the estate agent are just trying to get hold of you, to sort out a viewing date, and sorry but there is nothing unreasonable about that.

 

I think the point is being missed here. My LA has yet to give us any notice to quit, they also act on behalf of us, so why would i be expecting a phone calls from another estate agent when i've had no notice to quit ? This should be through and arranged with our LA through us and then a appropriate time sorted to then be informed with the other estate agent. I can only see it being done as to not involve our LA because the LL chose another estate agent to sell the property.

[The Carpet Cleaners]

You also seem to be missing the point.. You do not have any contract or business with the letting agent, they only have a contract with the Landlord, and Not you, if the LL chooses to deal with another estate agent without telling the original letting agent, then that is his business I am afraid and not yours.. You do still have the right to decline the viewings, but the new estate agent is within their rights to phone you and ask you. Next time they do, perhaps you should say to them to get the LL to call you to discuss this.

But back to your original question.... You only have to give 1 rental period notice, and your LL has to give you 2.

[mariner51]

It is LLs resp to instruct LA and arrange Notice. 'your' LA does not act on your behalf, they are engaged by LL. You have no contract with LA. Your last sentence is prob correct, but LL can appoint anyone they like to market the property.

The EA has been coureous to you asking for an appointment. You may need good LL ref when you move.

LL can put property on market at any time during your T, before deciding whether to give you notice.

[rizel23]

We do everything through our LA, Gas safety checks, reporting of faults and any other issues and appointments that need to be made are always through them. We have never spoken to the LL, hence why this is strange to have a phone call direct with no notice from our LA and if we did ever need a reference i would presume it would be from our LA as we have never had contact with the LL? I think i shall ring the LA tomorrow to advise of this and politely request all arrangements are made through them in future to anyone whom calls other them themselves. At the end of the day this could be anyone wishing to view our home with no official record through our LA whom are contracts are with on behalf of the LL.

[rizel23]

well in the interest of keeping things moving along smoothly i chose to communicate direct with the EA whom sounded very reasonable as involving our LA would have been long winded and who i'm losing faith with now anyhow!

[rizel23]

Well the EA was polite and took measurements of the property, but i requested no photos to be taken of the inside of property as currently still has all our belongs and fixtures, was i within my rights to request this as she sounded shocked when i advised her!