Answered thanks indeed
They can leave on or before 31 August without penalty or notice. They changed their minds and no replacement tenancy agreement was signed.
If they stay past 31 August, then they have to give a minimum of 1 month notice ending on the last day of a tenancy period, so notice on 2 Sept would enable them to leave on 31 October. The landlord cant impose a 2 month notice period on a statutory periodic tenancy.
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Answered thanks indeed
Answered thanks indeed
What did the original tenancy agreement say about notice and what would happen at the end of the term? If nothing then it would not be a CPT now. You would need a new tenancy agreement now and a few vague exchanges of emails would not count.
Yes, sorry, I missed the bit about it not being assured. However, the same issues apply. The tenants can leave at the end of the fixed term. If they remain then they would be on a periodic tenancy with the same terms, but not an SPT. They would still then be able to give one months notice as thats the common law notice period.
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Answered thanks indeed
I think you would be very brave indeed to ask a court to enforce a claim that theyre in a periodic tenancy based just on an exchange of emails. Do you even have their prior written agreement for using emails to serve formal notices? Even if you did, I think there is no way this would stick.
Incidently, as its not an assured tenancy, they could, if they wish, serve notice on 1 Sept to end on 1 Oct.
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Answered thanks indeed
Yes, I would agree with that.
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These threads are useful learning for a good number the people who read them and those of us who give our time freely to answer questions on here usually do so with that in mind. So its really unhelpful when someone deletes all their posts from a thread so as to render it meaningless. Why did you do that?
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Because I tend to overshare (forget sometimes that other people can read what you write on the internet!) and then regret it! Not a good idea to leave a detailed and permanent record of interpersonal and business relationships which may one day be stumbled upon by the other parties.
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Yes thread certainly now ruined for others. Good job all arnt treated in the same way!
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Sorry, but may I suggest that if you’re nervous about over sharing that you speak to a lawyer in future.
I don’t think people are going to be that thrilled to answer your questions going forward knowing that you’ll just pull up the bridge after you get what you want out of it. That’s not in the spirit of this forum.
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Funnily enough earlier this year I did try to contact a housing lawyer at a London firm to see if I could get an hour of his time for his opinion of my situation. He had a bit of a profile having written various blogs on housing matters. But I didn’t get past whoever screens the emails.
I think when you don’t have an actual dispute that already involves court processes (or looks set to), there’s not that much a busy housing lawyer would want to know about it.
Probably wasn’t the right lawyer, or maybe they just needed a nudge to follow up. Lawyers will usually only turn down work if there’s a conflict of interest, if they don’t have the time to fit it in or if it’s not within their expertise. They will usually either agree a fee per hour or a fixed fee for a job. Once you agree to their terms, then they are usually happy to proceed. I have previously used lawyers on property matters and never had an issue on getting advice - as long as I pay the fee requested.
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