Notice to Quit

Abiel

Hey here,

One thing that I'm confused about is notice to quit times for people who are renting outside of a written contract.

I've trailed the Threshold website and from what I can see, when they're referring to "Notice to Quit" they suggest that a written contract exists.

Any clarification on this would be great because, as much as I want to move out as fast as possible, I don't want to break the law.

silja

If there is no written contract, you have a Part 4 tenancy; notice depends on how long you've been there.

Abiel

So then, as I understand it because I've been there 5 months, I have to give 28 days notice?

Jo King

Abiel wrote: »

Hey here,

One thing that I'm confused about is notice to quit times for people who are renting outside of a written contract.

I've trailed the Threshold website and from what I can see, when they're referring to "Notice to Quit" they suggest that a written contract exists.

Any clarification on this would be great because, as much as I want to move out as fast as possible, I don't want to break the law.

"Notice to Quit" was abolished years ago.

Abiel

Jo King wrote: »

"Notice to Quit" was abolished years ago.

Ok well, if that's true it's still clear what I'm trying to ask :P

1) Under Part 4 living in accommodation under 6 months without a lease do I still have to give 28 days notice?

2) What happens if I don't?

silja

Yes, you have to give 28 days notice. If you do not, the landlord may retain (part of) your deposit.

Abiel

silja wrote: »

Yes, you have to give 28 days notice. If you do not, the landlord may retain (part of) your deposit.

I honestly don't mind, I just want to leave the place, get settled in a new place I just want to make sure I'm not going to be faced with any legal action over leaving.

silja

You won't be. Take photos of the place when you leave, in case the landlord later claims you damaged stuff.

variety

silja wrote: »

If there is no written contract, you have a Part 4 tenancy; notice depends on how long you've been there.

Not true. It all depends on what terms were agreed before the Tenant moved in.
An oral contract can be Part 4, fixed term or periodic.

Obviously, it's very hard for a LL to prove fixed term if there's no written contract, but it is possible to have one.

Abiel, if no specific (and incontestable!) terms were agreed, then choose which contract suits you best.

Abiel wrote: »

So then, as I understand it because I've been there 5 months, I have to give 28 days notice?

Since you "just want to leave", I would recommend claiming a 6 month fixed term (ie write to your LL, tell them your assumption of a 6 month fixed term lease, and notify them of the date you intend to vacate).
A fixed term tenancy ends on the date specified and no notice is required.
In your case, you can leave on the day before the next rental payment is due, with no notice.
Of course, it is best practice (and the nicest thing to do!) to give your LL notice, especially if you want to get your deposit back in a timely fashion and get a reference.

Periodic tenancy: notice is usually the same period as that which you pay rent. So, if you pay rent weekly, you need to give 1 week's notice; if you pay monthly, you give 1 month's notice.

If you choose a Part 4, since you are there less than 6 months, you can give 28 days notice.

Abiel

I think I'll be kind and decent and give the 28 days notice

I assume in my notice, it'd be wrong to moan about anything and basically just leave it as just informing them I'm leaving?

astrofool

Threshold have a template on their website that the notice letter must follow. You should not deviate from this.

the_syco

Abiel wrote: »

I assume in my notice, it'd be wrong to moan about anything and basically just leave it as just informing them I'm leaving?

Don't moan about anything being broken until you get your deposit back, on the off chance that the LL decides that you broke it.

Abiel

Thanks for all your advice guys

So, I sent my notice and I didn't deviate from the example of giving notice on the threshold website however, I did refer to the fact we had discussed the broken appliances in an email I sent the LL.

It's been 4 days now and I've emailed, texted them to let them know I'd sent notice and emailed them (got no reply despite getting replies to a text earlier in the day) and today I gave a quick phone call and it just beeped out.

If they don't acknowledge the notice for a while, is the date I gave on the notice what counts?

Should I just completely ignore the broken appliances etc if they ask why I'm moving out?