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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
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: 10 months ago.
Category: Law
Expert:  Ash replied 10 months ago.
Hello Dave my name is ***** ***** I will help you.
-Could you explain your situation a little more?
Customer: replied 10 months 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 10 months ago.
When did you first start the latest signed tenancy?
Alex
Customer: replied 10 months ago.
July 2015
Customer: replied 10 months ago.
hello are you still there?
Expert:  Ash replied 10 months ago.
Ok, how long for?
Alex
Customer: replied 10 months ago.
12 months
Customer: replied 10 months ago.
hi Alex could you get back to me please.. im needing to leave where i am
Expert:  Ash replied 10 months 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 10 months 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 10 months 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 10 months ago.
should i reply to her email stating the section 8
Expert:  Ash replied 10 months ago.
Yes, ask for a formal section 8 by post.
Alex
Customer: replied 10 months 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 10 months 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 10 months 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 10 months ago.
No, they still must serve a section 8 notice, that is what the law says.
Alex
Customer: replied 10 months 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 10 months 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 10 months ago.
Snail and ask for a written section 8 notice
Alex
Customer: replied 10 months ago.
So do I get 2 weeks from the section 8 notice or 2 weeks from today's note?
Expert:  Ash replied 10 months ago.
From section 8 notice.
Alex
Expert:  Ash replied 10 months ago.
If this answers your question could I invite you rate my answer before you leave today.
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