kesm Posted October 6, 2017 Report Share Posted October 6, 2017 Hi all,So in the contract that my estate agency did, it was stated that the tenant has to give me notice if he wishes to leave the property via first class post.The tenant sent the notice to my address via Royal Mail registered delivery. However I never received the notice or a While you Were Out card from Royal Mail.The tenant sent me the Royal Mail reference number and I saw that it was indeed sent to my flat but I never received it. 2 weeks later the tenant informed me via text that he would like to leave the property. I said that I will be taking the date that the text was sent to me as the start of the notice period (since this was the 1st time that the tenant told me that he wants to leave) and not the registered post that I never received.The tenant is not happy with that and is insisting on the notice to start from the date that he sent the Registered Post, although I never received the post.Another estate agent told me that the notice has to be on the rent due date. If it is not, then it will come in effect on the rent due date.Any help from anyone on this please?Thanks very much. Link to comment Share on other sites More sharing options...
Richlist Posted October 6, 2017 Report Share Posted October 6, 2017 It's not your tenants fault that the notice didn't arrive. He sent it, he has proof of that......and you agree. The notice should therefore start from the date of the registered post. Your tenant has complied with the rules. If you have an issue it's with Royal Mail not your tenant. Sometimes being a landlord means s**t happens, you just have to roll with the punches. Link to comment Share on other sites More sharing options...
Grampa Posted October 6, 2017 Report Share Posted October 6, 2017 Registered post has to be signed for thats the whole point of it. If the sender cant prove you received it thats his fault. All your tenant has is proof that he sent it which is no proof of it being received. But to be honest it is a bit petty to make a issue of it when the tenant has tried to do the right thing and he will just be another landlord bashing tenant if you try to enforce it. I think you have the legal high ground but not the moral high ground on this one. Link to comment Share on other sites More sharing options...
Richlist Posted October 6, 2017 Report Share Posted October 6, 2017 It would seem that the tenant got a reference number when he posted to the landlord by registered post. He would have checked that reference number on the Royal Mail website as the landlord has done. The reference number shows it was delivered. End of story. Tenant has complied with requirements. Link to comment Share on other sites More sharing options...
Grampa Posted October 7, 2017 Report Share Posted October 7, 2017 I use registered post quite a lot and you quite rightly state you have a reference number which is printed on the receipt you get given at time of posting. When you go on the RM website (with this No) you can print off a copy of the signature of the person who signed for it if not you get notification that it wasn't delivered and returned to the RM office and if not picked up by the the person the letter will later be returned by RM to the original sender. So if that is the case it cant be classed as delivered. No signature and returned to sender. The above is why its not recommended to serve S21 OR s8 by registered post ALONE because it can be argued the tenant never received the notice. Link to comment Share on other sites More sharing options...
bil8999 Posted October 7, 2017 Report Share Posted October 7, 2017 Sounds like he has been a good tenant to me!!! Link to comment Share on other sites More sharing options...
Richlist Posted October 7, 2017 Report Share Posted October 7, 2017 Perhaps Kesm can clarify...... Was the registered post just sent to the landlords address or was it also signed for by someone ? Link to comment Share on other sites More sharing options...
Melboy Posted October 7, 2017 Report Share Posted October 7, 2017 Reading the facts of this matter I believe your issue lies with Royal Mail and not your tenant. Link to comment Share on other sites More sharing options...
kesm Posted October 7, 2017 Author Report Share Posted October 7, 2017 14 hours ago, Richlist said: Perhaps Kesm can clarify...... Was the registered post just sent to the landlords address or was it also signed for by someone ? It was sent to the landlord's address i.e. my address, nobody signed for it and no While you Were Out card was left in the property. Link to comment Share on other sites More sharing options...
Richlist Posted October 8, 2017 Report Share Posted October 8, 2017 Ok thanks for that. If this were me I'd just take the date that the tenant sent the registered post as the start date for the notice. There is little point trying to make tenants stay in your property any longer than they want to. All sorts of issues may arise. The tenant might withhold the final months rent, you may then have an issue with the deposit. The tenant may not leave the property in the condition you might like. Parting on amicable terms is far preferable to any alternative. As I suggested earlier, sometimes sh*t happens and you just have to roll with the punches. Is a couple of weeks really so much of an issue ? I suspect not. Perhaps you might like to modify your contract for future lettings. Insisting on your tenants notifying you by first class post (which this tenant has complied with) isn't working for you. So allow them to use other means of communication. Learn from these mistakes and move on. Link to comment Share on other sites More sharing options...
Melboy Posted October 9, 2017 Report Share Posted October 9, 2017 I agree with RL. In the big scheme of things you are losing a good tenant that has caused you no financial or property damage grief and 2 weeks loss of notice is nothing really. Your tenant complied with your instructions. Leave on good terms is the best and a far better option imo. Link to comment Share on other sites More sharing options...
kesm Posted October 11, 2017 Author Report Share Posted October 11, 2017 On 09/10/2017 at 7:23 AM, Melboy said: I agree with RL. In the big scheme of things you are losing a good tenant that has caused you no financial or property damage grief and 2 weeks loss of notice is nothing really. Your tenant complied with your instructions. Leave on good terms is the best and a far better option imo. You assume that he has caused me no property damage. I am asking re what is legal for me to do. Can I tell him that the notice is applicable from the rent due date since I never received the notice and it was returned to sender? Link to comment Share on other sites More sharing options...
Richlist Posted October 11, 2017 Report Share Posted October 11, 2017 Well, let's map out what is likely to happen. You disregard the original 1st class posted notice that you know was sent but which you didn't receive. You insist on a notice 2 weeks later. You annoy your tenant who may or may not pay the last months rent. The tenant may still leave 2 weeks early anyway. You will try to take the rent shortfall from the protected deposit. The deposit adjudicator may rule in your tenants favour and you will have wasted a few weeks trying to win 2 weeks rent. Who knows how the deposit adjudicator will rule....your guess is as good as ours. Personally I wouldn't bother. Link to comment Share on other sites More sharing options...
Grampa Posted October 11, 2017 Report Share Posted October 11, 2017 On 10/6/2017 at 0:34 PM, kesm said: Another estate agent told me that the notice has to be on the rent due date. If it is not, then it will come in effect on the rent due date. This used to be the case and standard practice. But with all tenancies started after OCT 2015 the landlord can give the 2 months notice that starts on any day (subject to the normal requirements) so it stands to reason the tenant can do the same with their one month notice otherwise it could be argued a unfair term. As per my previous reply I think you could argue your case in what you are trying to achieve (regarding posting dates etc) but I bet a penny to a pound it will cost you more time, aggro and expense if you try to force the issue. I agree with RL & Melboy dont bother, start advertising, get a new tenant and more on but I suspect you have made your mind up already. Link to comment Share on other sites More sharing options...
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