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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69531
Experience:  Over 5 years in practice
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hi i want can u help i have give notice to a rental company

Resolved Question:

hi i want can u help i have give notice to a rental company which took my property of my hands for three years i give them notice last year july once the first year was up now they are saying that my verbal notice is no good plus the manger has told me she sent me a email explain this which funny enough i never received
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is ***** ***** I will try to help with this.

How can I help with this please?
Customer: replied 2 years ago.

hi i want can u help i have give notice to a rental company which took my property of my hands for three years i give them notice last year july once the first year was up now they are saying that my verbal notice is no good plus the manger has told me she sent me a email explain this which funny enough i never received

Expert:  Jo C. replied 2 years ago.
Is this a commercial letting?
Customer: replied 2 years ago.

no it flat


 

Expert:  Jo C. replied 2 years ago.
What type of contract are you on please?
Customer: replied 2 years ago.

not sure

Expert:  Jo C. replied 2 years ago.
You are the landlord of this property not the tenant?
Customer: replied 2 years ago.

i am the landlord of the property in a three year contract

Expert:  Jo C. replied 2 years ago.
You mean a 3 year contract with the agents though not with the tenant?
Customer: replied 2 years ago.

yes with the agent the contract is a lease contract cani send u a copy


 

Expert:  Jo C. replied 2 years ago.
You can do that but it will slow things down. You can email it to me at***@******.***

Or you can just tell me now what it says about giving notice?
Customer: replied 2 years ago.

Expert:  Jo C. replied 2 years ago.
I am afraid I can't open that on my ipad. It just goes to a blank page.

Could you just tell me what the contract says about cancellation? There will be one or two paragraphs on that point.
Customer: replied 2 years ago.

On the expiry of 12 months written notice given by the landlord to the Tenant to expire on any day, such notice not to be given prior to the expiry of 1 yr from the commencement date. The commencement date on this lease is left blank then the commencement date will be as notified in the tenants standard letter to the landlord notifying the start of the lease.

Expert:  Jo C. replied 2 years ago.
Thanks.

That does demand written notice. There is no way around that.

You did not give written notice so your notice is not compliant with the contract and they are entitled to disregard it.

You could try arguing that the demand for 'written' notice is an unreasonable term and therefore unfair under UCTA so you should not be bound by it. That is your best point. Whether or not it would be accepted is another matter but its not all that likely that they would want to litigate over the point and go to court and say that they did receive verbal notice and effectively ignored it because it didn't suit their purposes.

Can I clarify anything for you?

Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69531
Experience: Over 5 years in practice
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