Am I liable for the rent or have I correctly served notice on my tenancy at will
I cannot see on what basis they are quotingthat section of that act. Notice does not have to be signed by bothparties if that is what they are alleging. I would not worry about what they are quoting, they appear to have read too many of the wrong law books.
I do not know what notice you had to give.But, as it was a tenancy at will, I presumably was one, two or three months.
If the rent is under £5000 in total, and theycontinue to pursue you put the money, this is one that I would be defending incourt and letting a judge decide whether I was responsible for the rent or notand whether I had given adequate notice. It is always worthwhile sending noticerecorded delivery. Of course, expect them to say that the cheque was inenvelope on its own, and it will then be for the judge to decide which versionof events, yours or theirs, he prefers.
It might be worthwhile getting a solicitor towrite to them in the same terms. I would also let them have a further copy ofthe notice which you served back then
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It is a commercial rent at £16,000 per month + vat. The tenancy at will required no notice on either side just the requirement to "communicate my desire to do so" which I did in writing, which they deny receiving, and verbally which they cannot deny. Is verbal notice good enough given that no notice period is required by either side which has been confirmed by their solicitors.
If no notice period is specified, then itcomes down to what is reasonable in the circumstances, and that would bebetween one and three months. It is most unusual for a £16,000 per month rentto be done by way of tenancy will. It appears from what you have just said that there is no notice period, and that you could simply give them a letter and walk out. I find that very strange and almost unbelievable.
This is not a disposition of the property. Itis a determination of the tenancy. In my opionon s2 LPMPA doest apply
If the tenancy agreement, such as it is (clearlydefective in many ways) does not provide for notice to be in writing, then, tomy mind, verbal notice is good enough, but in any event, you did give it inwriting. I presume that you kept a copy. Although expect them to say that youwrote it sometime after the event. It would seem unusual to vacate a propertywith such a large monthly rent and to rely on the verbal notice.
If they continue to pursue it, you are facedwith defending their action in court
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The reason the tenancy was so short is because the site is being demolished next month and the tenancy at will was for the last 2 years but the owners were unsure when they would want people to vacate after they had sold the site. we new we would have to vacate some time this year and did so at the end of August. They have since served notice of 2 weeks and 2 days for all occupants of the site to vacate as of the 21st of December 2012. I had been there on a full lease until it expired at the end of 2009 and the site was under planning review then so the following years have been on an unwritten and therefore unsigned tenancy at will with no notice required by either side.
I think this would have been better dealt with by deed of variation of the original lease because all the terms in their would then still have applied. It is obviously too late now.