Hello all,
I've just given someone some advice about notice they've been given on their property, and I want to check it's correct.
She's been in a property for 4 years, now with a rolling periodic tenancy.
On the contract her rent day is the 2nd of each month., But because this didn't coincide with her payday, she's been paying (with the agreement of the agent) on the 10th of the month for some time. Nothing in writing, no change on the tenancy agreement.
A few days ago, the agent calls and tells her she'll be given 2 months notice because the owners are coming back from abroad. The agent turns up today with the Section 21 and the date on it requiring possession is 10th Jan.
She (tenant) is going to see somewhere else this afternoon and tells the agent this, who informs her that if she wants to move out before the 10th Jan, she'll have to give her own notice of one month - and it has to be on the 1st of the month!! Presumably referencing the fact that, according to the contract, her rent is due on the 2nd.
I have said that I think the notice is illegal & will be thrown out by ajudge. The section 21 should be seeking possession after 1st January 2013 since her rent date is officially 2nd of each month, as acknowledged by the agent who wants her to use this date for her own notice.
If the rent date had officially becoming the 10th, it would still be an illegal notice, because the date requiring possession should then be 9th january 2013.
Am I right? I told her to do nothing yet till I've double checked.
Thanks.
I've just given someone some advice about notice they've been given on their property, and I want to check it's correct.
She's been in a property for 4 years, now with a rolling periodic tenancy.
On the contract her rent day is the 2nd of each month., But because this didn't coincide with her payday, she's been paying (with the agreement of the agent) on the 10th of the month for some time. Nothing in writing, no change on the tenancy agreement.
A few days ago, the agent calls and tells her she'll be given 2 months notice because the owners are coming back from abroad. The agent turns up today with the Section 21 and the date on it requiring possession is 10th Jan.
She (tenant) is going to see somewhere else this afternoon and tells the agent this, who informs her that if she wants to move out before the 10th Jan, she'll have to give her own notice of one month - and it has to be on the 1st of the month!! Presumably referencing the fact that, according to the contract, her rent is due on the 2nd.
I have said that I think the notice is illegal & will be thrown out by ajudge. The section 21 should be seeking possession after 1st January 2013 since her rent date is officially 2nd of each month, as acknowledged by the agent who wants her to use this date for her own notice.
If the rent date had officially becoming the 10th, it would still be an illegal notice, because the date requiring possession should then be 9th january 2013.
Am I right? I told her to do nothing yet till I've double checked.
Thanks.