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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Good morning, i have just received an email saying -with two

Customer Question

good morning, i have just received an email saying -with two months notice due to breach of contract.
does this mean i have 2 months to vacate the property?
Thanks David.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello Dave my name is ***** ***** I will help you.
-Could you explain your situation a little more?
Customer: replied 1 year ago.
I have rented a property i have a family with 2 children, i have had a deal take longer than expected to close which has delayed my rent payments by 8 months - the landlord is aware of the situation. Today i have received the email from the landlord saying.
DavidThis email constitutes formal notice for you to vacate Shrimpton with two months notice due to breach of contract.I have consulted with the co-owners of the Company and we all support this action.The fact that you are choosing to use our family company to effectively fund yours is unacceptable. The lack of payment of the rent for over a year cannot be continued. This position is exacerbated by noticing there is a Massarati on the drive, clearly demonstrating you are making fools of us.If you pay ALL outstanding funds by the 31st of January and establish a pattern of regularly paying the rent as per our contract we may reconsider the position. Any delay of any nature will result in the option to reconsider to be removed.Please reply by email. Do not text or call me as I will not reply. I need to keep a clear record of communication that I can share with the co-owners.Charlotte Greenway
Expert:  Ash replied 1 year ago.
When did you first start the latest signed tenancy?
Alex
Customer: replied 1 year ago.
July 2015
Customer: replied 1 year ago.
hello are you still there?
Expert:  Ash replied 1 year ago.
Ok, how long for?
Alex
Customer: replied 1 year ago.
12 months
Customer: replied 1 year ago.
hi Alex could you get back to me please.. im needing to leave where i am
Expert:  Ash replied 1 year ago.
Ok. Then it's not a valid notice. You are entitled to what is called a section 8 notice which requires you to remedy any breach within 2 weeks. So if you are more than 8 weeks or 2 months in arrears the landlord can see you this section 8 notice.
If you do not remedy the breach they can apply to the court for possession. Sadly unless the landlord agrees to wait if you are two months in arrears he can apply for possession, but only once proper notice is sent.
In any event the landlord does not need to renew the tenancy past July 2016, it can be ended then.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
OK, to confirm. I must first receive notice via a postal route? once i have this i have 2 weeks to pay the breach or i would have to vacate is that right?
Expert:  Ash replied 1 year ago.
Unless the tenancy agreement says by email then yes post. Then you have 2 weeks to remedy and if you don't then the landlord can apply for a court order.
You don't have to leave in two weeks but the landlord can then apply to the court for a possession order.
Does that clarify?
Alex
Customer: replied 1 year ago.
should i reply to her email stating the section 8
Expert:  Ash replied 1 year ago.
Yes, ask for a formal section 8 by post.
Alex
Customer: replied 1 year ago.
in my contract it says if im 14 days late with payment they can start the process - does this make a difference to what you have said?
Customer: replied 1 year ago.
am i asking her for a formal section 8 to be sent to me Or am i requesting a formal section 8 and i send that in the post?
Customer: replied 1 year ago.
therefore i would say - I am formally requesting the section 8 Housing act 1988 - 2 week from todays date to remedy the breach. is that ok or can you give me a better way?
i really appreciate your help.
Expert:  Ash replied 1 year ago.
No, they still must serve a section 8 notice, that is what the law says.
Alex
Customer: replied 1 year ago.
sorry if im being stupid.. what should i do next ?should i reply to her with the text i just sent you or should i await the section 8 from her?
Customer: replied 1 year ago.
could you just get back to me on the last question please.. thats the last one ..sorry this has thrown me today
Expert:  Ash replied 1 year ago.
Snail and ask for a written section 8 notice
Alex
Customer: replied 1 year ago.
So do I get 2 weeks from the section 8 notice or 2 weeks from today's note?
Expert:  Ash replied 1 year ago.
From section 8 notice.
Alex
Expert:  Ash replied 1 year ago.
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