Notice period, periodic tenancy

[AleisterCrowley]

Mornin' all
I understand that the notice term for my tenancy is two months
Is this two calendar months, 60 days or what ?
Is the start date the date of the letter, or are days added to allow for delivery?
Can letting agents do this via email only?
(My post isn't reliable as stuff occasionally goes to the wrong block/street)

thanks

AC

[dionaeamuscipula]

Mornin' all
I understand that the notice term for my tenancy is two months
Is this two calendar months, 60 days or what ?
Is the start date the date of the letter, or are days added to allow for delivery?
Can letting agents do this via email only?
(My post isn't reliable as stuff occasionally goes to the wrong block/street)

thanks

AC

Usually these sorts of things are dealt with in the contract. If they are not, they may be dealt with in the legislation (of which I know nothing). If they are not in either, then a judge would look at the dictionary meaning of words in the context of the contract, so "month" would mean a calendar month in the context of a contract for a residential property.

The notice requirements are something you should consider carefully, as the courts will generally take the view that notices are required to be given strictly in accordance with the rules. If a notice is required to be given in writing, that usually means a letter, although IIRC there is a recent case where the judge said that these days e-mail should also be considered as "written" unless the contract said otherwise. Certainly if I were giving a notice that was required in writing I would send a letter in the form laid out in the contract for format, delivery, and timing.

Of course if everything is amicable, then the parties can do whatever they like. But the end of a contractual relationship can often make people turn sour, so I would always make sure notice was done properly.

Some fun with notices: https://www.lexology.com/library/detail ... 547b4726d8

DM

[PinkDalek]

Subject to what dionaeamuscipula has already said.

… Is the start date the date of the letter, or are days added to allow for delivery? ...

If your contract allows service by First Class post, such notice is, I believe, deemed to have been served two days later. The notice period then commences from that latter date.

Can letting agents do this via email only?

What we did recently is serve a notice, in accordance with the terms of the commercial lease, by recorded delivery (signed for). I also posted it separately by First Class and also, out of courtesy, sent a copy by email.

(My post isn't reliable as stuff occasionally goes to the wrong block/street)

Unfortunately, as you hint, that's your problem not theirs.

Edit: Here's a comment from a lawyer over at Legal Issues about serving notices generally (there's also more in that thread):

viewtopic.php?p=131033#p131033

There's also an informative thread here at Property Investment Discussions:

viewtopic.php?p=115005#p115005

[AleisterCrowley]

Thanks both - will have a read, and dig around for contract which is filed carefully...somewhere.
I'm not planning on being obstructive, but want to avoid the situation where they think they've given notice and i'm out on (say) 12 August but I'm blissfully unaware and still working on a sliding 2 month 'get my s**t together' window. Got a lot of holiday booked for late July/August
Hopefully they'll be smart enough to send a covering email so I can let them know if nothing arrives.

PS: I'm thoroughly delighted there's a legal firm called "Womble Bond Dickinson LLP" - presumably specialising in (Wimbledon )Common Law...

[UncleEbenezer]

It's a minimum of two months. There are various reasons it might be slightly more (or - unlikely - a great deal more), but it would make no sense to try and explain here: better to look up chapter-and-verse.

Anyway, let's assume they're not in the business of totally shafting you (the fact they've given you warning kind-of points that way). Surely worth a reasonable request: If and when you serve legal notice, please also email me@my.address in case I don't get the snailmail in reasonable time.

[Lootman]

It's a minimum of two months. There are various reasons it might be slightly more . . (

Yes, I always gave a little more notice than required. This allows for any delays or misunderstandings, and also conveys a certain amount of compassion.

When I have given notice (always in writing and often served in person) I always specify an actual end date, which would be more than 2 months away in this context. And it would usually be to coincide either with a month-end or a due date for the rent.

So if I were writing such a notice today, I might specify August 31st, 2018. Or perhaps August 20th, 2018 if rent is due on the 21st.

By specifying an actual end date more than 2 months ahead, all doubt about when the last day of the tenancy is should be erased.

[AleisterCrowley]

The rent is another complication - I pay monthly in advance by standing order on, I think, the 25th of the preceding month.
If the end of the notice period isn't a month end there will be some messing around to be done. I guess I'll have to cancel the SO before the final partial month and give them a cheque for the relevant portion

[AleisterCrowley]

Coincidentally, just had a call from agency arranging a viewing for next week. I mentioned the notice/mail issues and she said they wouldn't serve notice until they had a definite offer and a survey

[UncleEbenezer]

Coincidentally, just had a call from agency arranging a viewing for next week. I mentioned the notice/mail issues and she said they wouldn't serve notice until they had a definite offer and a survey

That's answering a different question! If you're concerned about even the faintest possibility of them serving notice which then lies unseen on the mat, pin them down on it and don't take being deflected.

Doubly so if you're (already) cooperating with them over viewings. They owe you goodwill for that, regardless of what else may happen!

When my then-landlady gave me the boot in 2005 (as mentioned in your previous thread), she at least had the basic decency not to have people traipsing around the place before I'd gone! Similarly my present place, and the intermediate place I lived from 2005-2013, were empty before I viewed.

[AleisterCrowley]

I think they'd ideally like to sell to a landlord with tenant (me) in situ, so they can't serve notice then invite me back.
I'm getting somewhat confused. Frankly, if they sell to a landlord i'm going to move anyway, as I've been meaning to for ages.

[Lootman]

I think they'd ideally like to sell to a landlord with tenant (me) in situ, so they can't serve notice then invite me back.

My guess is you are right about that. If they planned to sell to an owner-occupier then they would want to sell with vacant possession. The seller would be advised by his solicitor to wait until you have physically gone before they market the property. If they exchanged contracts with you still in there, and you decided to be difficult, then the seller would be in a mess. And as a buyer I would be nervous.

Whereas if the buyer is a landlord, he might prefer a tenant in there, as he collects rent from day one of his ownership.

[Slarti]

Frankly, if they sell to a landlord i'm going to move anyway, as I've been meaning to for ages.

In that case get your act together and find a new location so that you give them notice

Slarti

[AleisterCrowley]

It's come at a bad time (doesn't it always!) with work, and holidays booked July/August.
i was having palpitations this morning, but I haven't keeled over ye.....arghh,.........



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