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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70187
Experience:  Over 5 years in practice.
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On Saturday 9th November at 3.30pm, my tenant knocked on my

Resolved Question:

On Saturday 9th November at 3.30pm, my tenant knocked on my front door and verbally gave me notice to leave the property she had occupied since 29th September 2011. We originally had a one year AST and she paid monthly (rent due 28th of each month for the following month's rent). The tenancy then continued on a month by month periodic basis.

I explained to the tenant that she needs to pay until 31st December 2013 as she is on a monthly tenancy. The rent was due 28th November and as of today's date, 3rd December, I still haven't had the rent. I sent the tenant a text who replied to state that she will pay but only to 10th December not 31st December. She is still occupying the property (her son was there when we called around yesterday) and said that she is at the other house and that they are moving things over. So not only is she not paying us for the full rental period of December, she is actually still occupying the property and using it to move her things over on a daily basis rather than paying for a removals van.

What can I do and am I correct of is she correct?
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Hi,

My name is XXXXX XXXXX I will try to help with this.

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

Do you hold a bond on this tenant?
Customer: replied 3 years ago.

The tenant didn't pay any deposit. When she moved in on 29th September she said she couldn't pay a deposit until she had it back from the other rental property. I gave her until 30th November 2011 to do so. She then fell ill and during 2012 she had a major heart operation so we didn't chase her. We spoke to her about it once she was under recovery but she didn't have the money available. In June 2013 she approached us to state she could no longer afford the rent of £975.00 but could afford around £800.00 per month. Instead of giving her notice we agreed to temporarily help her by reducing the rent to £825.00 per month until she managed to sort out her affairs. This tenant is someone we know and her children are in school with our children so it became very awkward.

Expert:  Remus2004 replied 3 years ago.
Thanks.

Has she ever given you written notice? She can't just give verbal notice.
Customer: replied 3 years ago.

No, there is no written notice.

Expert:  Remus2004 replied 3 years ago.
Thanks.

You are absolutely right. Her notice isn't even valid anyway as it should be on writing.

She has to give no less than one months notice on or before the rent date. In fact, if she gave notice on the 9/11/13 then it would only begin in the rent date if the 28/11/13 and so run until 28/12/13.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

Sorry but the wording you used is a little confusing. Are you saying that any written notice given during November is treated has having been given 28th November and therefore she needs to pay for December? Had she wanted to leave end of November she would have needed to provide notice by 28th October latest. As it is, there is no scenario for her to pay only until 10th December. On the basis therefore of no written having been given, her notice isn't valid and therefore her tenancy continues? As we are now in December, she would need to provide a notice in writing and that would now mean she needs to pay end January?

Expert:  Remus2004 replied 3 years ago.


Yes, notice should be on or before the rent date. So, if she gave notice on 9 November then it would not start to run until the next rent date which would be here the end of November. That would not expire until December.

Obviously though you are under a duty to mitigate your loss by seeking another tenant
Remus2004 and other Property Law Specialists are ready to help you
Expert:  Remus2004 replied 3 years ago.
Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’

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