How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Stuart J Your Own Question

Stuart J
Stuart J, Solicitor
Category: Property Law
Satisfied Customers: 22402
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
11292137
Type Your Property Law Question Here...
Stuart J is online now

I have served notice on a tenancy at will. I served it in writing

Customer Question

I have served notice on a tenancy at will. I served it in writing approx 3 weeks before departing and verbally to a company director a week before departure. They have tried to say I did not give written notice, however, I deliberately sent it with a rent cheque for another business I own and that has cleared our bank, confirming they received the envelope with the notice letter. They have quoted section 2 of the law of property (miscellaneous provisions) act 1989 as the basis to continue to pursue me for rent for the property. Where do I stand please? Jeff
Submitted: 3 years ago.
Category: Property Law
Expert:  Stuart J replied 3 years ago.
Do you have a specific question?
Customer: replied 3 years ago.

Am I liable for the rent or have I correctly served notice on my tenancy at will

Expert:  Stuart J replied 3 years ago.


I cannot see on what basis they are quoting
that section of that act. Notice does not have to be signed by both
parties 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 they
continue to pursue you put the money, this is one that I would be defending in
court and letting a judge decide whether I was responsible for the rent or not
and whether I had given adequate notice. It is always worthwhile sending notice
recorded delivery. Of course, expect them to say that the cheque was in
envelope on its own, and it will then be for the judge to decide which version
of events, yours or theirs, he prefers.



It might be worthwhile getting a solicitor to
write to them in the same terms. I would also let them have a further copy of
the notice which you served back then



Can I help further?



Please bear with me today because I will be
online and off-line



Please dont forget to positively rate my
answer service (even if it was not what you wanted to hear) and I will follow
up any further points you raise for free. If you don't rate it positively, then
the site keep your deposit and I get 0 for my time. If in ratings you feel that
you expected more or it only helped a little, please ask me for further info
before rating me negatively otherwise I don't get paid at all for my time and
answer.

The thread remains open. Thanks

Customer: replied 3 years ago.

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.

Expert:  Stuart J replied 3 years ago.


If no notice period is specified, then it
comes down to what is reasonable in the circumstances, and that would be
between one and three months. It is most unusual for a £16,000 per month rent
to 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. It
is a determination of the tenancy. In my opionon s2 LPMPA doest apply



If the tenancy agreement, such as it is (clearly
defective in many ways) does not provide for notice to be in writing, then, to
my mind, verbal notice is good enough, but in any event, you did give it in
writing. I presume that you kept a copy. Although expect them to say that you
wrote it sometime after the event. It would seem unusual to vacate a property
with such a large monthly rent and to rely on the verbal notice.

I fin



If they continue to pursue it, you are faced
with defending their action in court



Can I help further?



Please bear with me today because I will be
online and off-line



Please
dont forget to positively rate my answer service (even if it was not what you
wanted to hear) and I will follow up any further points you raise for free. If
you don't rate it positively, then the site keep your deposit and I get 0 for
my time.
Customer: replied 3 years ago.

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.

Expert:  Stuart J replied 3 years ago.

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.

Can I help further?

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Remus2004

    Remus2004

    Barrister

    Satisfied Customers:

    2427
    Over 5 years in practice.
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Remus2004's Avatar

    Remus2004

    Barrister

    Satisfied Customers:

    2427
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    414
    UK solicitor holding an England and Wales practising Certificate.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    42
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4708
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/AS/Aston Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer

    Solicitor

    Satisfied Customers:

    1823
    LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    828
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    241
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.