Termination within Fixed term lease

[tenner]

Hi there,

I received a "Notice of Termination" letter from a receiver a few weeks before the fixed term lease is due to end (I corresponded my intention to stay on after this date).

I have also requested a "Deed of Appointment" from the receiver and representative but no reply yet.

There is no proof that the receiver has been appointed so is the NoT valid?

 

[facetious]

From the legal point of view, the Notice of Termination must be signed by the landlord for the time being, that is, a receiver if he has taken over from the landlord.

IMHO, you are quite right to ask for some form of court order appointing the receiver as the current owner and therefore, landlord of the property.

However, I would not be too sure of the legality of serving a NoT during a legally binding fixed term tenancy unless you have been in breach of your obligations.

You have not stated the exact dates of the end of the fixed term agreement nor the date the NoT expires.
I believe that a NoT is valid if served during a fixed term tenancy provided the termination is after the expiry of the lease agreement. You have expressed your intention to remain at the end of the present tenancy.

Again, a landlord is entitled to serve a NoT on the grounds that he wishes to sell the property, which, it appears, the receiver intends to do.