Tenant wishing to shorten notice period.

[T444NSY]

27/5/2012 Hi. Can anyone help me out here? My tenants advised me 3 months ago that they would be leaving, as they were buying a property. Due to work commitments and timescales, we worked out that the 17th June would give them enough time to complete on their property purchase, whilst also, admittedly, fitting in with my commitments. Within a couple of days they came back to me and asked to make it 17th July, as they thought it may not be long enough. I agreed to this and sent them notice to quit- by recorded delivery- at the beginning of May stating the 17th July. I made contact with them last week and asked if all was on track for the 17th July and was told 'yes'. I wished them well.

However, today I received an email stating that the house purchase went through quicker than expected and now wish to leave on the 17 June instead. This will result in 3 weeks lost revenue for me. What I would like to know is if they can counteract my notice with less than 1 months notice, so to speak? They have been tenants for 4 years, on a rolling tenancy, following on after the initial 6 month AST. Many thanks in advance.

[mariner51]

Your Notice has no effect, as LLs cannot serve NTQs. Even if you had served a valid s21 'to seek repo', if Ts wanted to leave earlier, they should have served their own NTQ in writing, giving min 1 month Notice, to expire at the end of a T period. Ts NTQ during SPT cannot be withdrawn, so T is terminated on expiry.

LL & T can agree any mutually acceptable to end T at any time, so why not split difference and accept 30 June as T & rent termination date?

[T444NSY]

Your Notice has no effect, as LLs cannot serve NTQs. Even if you had served a valid s21 'to seek repo', if Ts wanted to leave earlier, they should have served their own NTQ in writing, giving min 1 month Notice, to expire at the end of a T period. Ts NTQ during SPT cannot be withdrawn, so T is terminated on expiry.

LL & T can agree any mutually acceptable to end T at any time, so why not split difference and accept 30 June as T & rent termination date?

 

Hi. Thanks for reply. I did serve a valid S21! This is what I'm not sure about-legally. Can T's counter my 2 month S21 by saying now wanting to leave earlier? i have read that the T's can leave whenever they wish within the 2 months notice without any penalty. Does this apply in my case?

Edited May 27, 2012 by T444NSY

[mariner51]

OK let us assume your s21 was valid as per Localism Act requirements after 6 May 2012.

 

This is NOT a Notice for T to Quit by a specified date. only that LL may seek Court Order for repo after expiry date. Until Court repo order is granted,ands eviction effectefd, T is bound by T&Cs of AST and requirements of SPT Notice periods, (LL 2 months)

If your s21 was served (received) on the last day of a rel T period, (2 months) then then it is unlikely the T could serve a compliant 1 month Notice in time so both Notices would expire on same day. T can always leave early without providing a NTQ, but would be resp for property and rent until you obtain a court repo order or agree a mutual surrender of T.

If T wants to vacate, let them supply the required paperwork in a timely manner.