KudoZ home » English » Law: Contract(s)

notice

English translation: notice = prior warning

Advertisement

Login or register (free and only takes a few minutes) to participate in this question.

You will also have access to many other tools and opportunities designed for those who have language-related jobs
(or are passionate about them). Participation is free and the site has a strict confidentiality policy.
11:42 Jul 13, 2008
English to English translations [PRO]
Law/Patents - Law: Contract(s)
English term or phrase: notice
I'm dealing with a tenancy agreement and a translator translated "notice" in the following sentences as "notice to quit the property", but my impression is that, despite it has to do with tenure, here "notice" refers to "a written notification of proceedings". Am I right? Those two terms have two differrent equivalents in Polish.
- We may seek to recover possession of your home... Where we seek possession on one of the grounds in Schedule 2 of the Housing Act 1988 we may ask the Court to excuse us from giving notice before starting proceedings where circumstances justify this.
- Where we seek to obtain a court order under Section 21 of the Housing Act 1988 we will give you two months’ notice in writing and details of your right to appeal.
Ewa Dabrowska
United Kingdom
Local time: 12:07
English translation:notice = prior warning
Explanation:
I think in both the instances you quiote, it does indeed not mean 'notice to quit' — but I don't think it means merely 'notification' either.

I believe it simply means 'notice of action', with the sense of 'notice' being 'a stipulated period of advance warning'

Please note that I am NOT a legal expert, and so my answer should not be taken as in any way authoritative or legally valid!

--------------------------------------------------
Note added at 8 hrs (2008-07-13 20:40:56 GMT)
--------------------------------------------------

It is important, though to note that it isn't MERELY 'written notification', but the fact of thereby setting a specific TIME period for the action to take place. This is the key feature of all these uses of 'notice' — it doesn't just mean 'to issue a written notification'.
Selected response from:

Tony M
France
Local time: 13:07
Grading comment
Thank you!
4 KudoZ points were awarded for this answer

Advertisement


Summary of answers provided
3 +8notice = prior warning
Tony M
5 +1a written notification
airmailrpl
4 +1here: a notice in writing to the tenant that possession might be recovered
inmb
1grounds to acquire personal jurisdiction over the DefendantxxxTatiana N.


Discussion entries: 4





  

Answers


12 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
here: a notice in writing to the tenant that possession might be recovered


Explanation:
Ground 1

Not later than the beginning of the tenancy the landlord gave notice in writing to the tenant that possession might be recovered on this ground or the court is of the opinion that it is just and equitable to dispense with the requirement of notice and (in either case)—
(a)

at some time before the beginning of the tenancy, the landlord who is seeking possession or, in the case of joint landlords seeking possession, at least one of them occupied the dwelling-house as his only or principal home; or
(b)

the landlord who is seeking possession or, in the case of joint landlords seeking possession, at least one of them requires the dwelling-house as his or his spouse’s only or principal home and neither the landlord (or, in the case of joint landlords, any one of them) nor any other person who, as landlord, derived title under the landlord who gave the notice mentioned above acquired the reversion on the tenancy for money or money’s worth.


(Schedule 2, Part I) ground 1 (and perhaps subsequent ones)


--------------------------------------------------
Note added at 19 mins (2008-07-13 12:01:42 GMT)
--------------------------------------------------

under s. 21 it is a 'notice stating that he requires possession of the dwelling-house'

I am not 100% confident that it is exactly the same notice as under Schedule 2, but they both should not be confused with "notice to quit" nevertheless.

21 Recovery of possession on expiry or termination of assured shorthold tenancy

(1) Without prejudice to any right of the landlord under an assured shorthold tenancy to recover possession of the dwelling-house let on the tenancy in accordance with Chapter I above, on or after the coming to an end of an assured shorthold tenancy which was a fixed term tenancy, a court shall make an order for possession of the dwelling-house if it is satisfied—

(a) that the assured shorthold tenancy has come to an end and no further assured tenancy (whether shorthold or not) is for the time being in existence, other than a statutory periodic tenancy; and

(b) the landlord or, in the case of joint landlords, at least one of them has given to the tenant not less than two months' notice stating that he requires possession of the dwelling-house

http://www.opsi.gov.uk/acts/acts1988/ukpga_19880050_en_3#pt1...


--------------------------------------------------
Note added at 31 mins (2008-07-13 12:13:50 GMT)
--------------------------------------------------

"wypowiedzenie" ...

It should not (IMO). Technically it is likely that the notice (wypowiedzenie) is given at precisely the same time, but, as your "notice" pertains to "recovery of possession", I would use "powiadomienie zgodne z przepisem art. itd" or "powiadomienie o możliwości ...". HTH


    Reference: http://www.opsi.gov.uk/acts/acts1988/ukpga_19880050_en_14#sc...
inmb
Local time: 13:07
Specializes in field
Native speaker of: Polish
PRO pts in category: 8
Notes to answerer
Asker: Thanks, I just wanted to confirm that here "notice" should not simply be translated as "wypowiedzenie"


Peer comments on this answer (and responses from the answerer)
agree  Demi Ebrite: Regarding occupancy 'notice' must be in writing - in case of litigation, there must be proof that the terms of the contract (regarding notice, et al) have been met. Verbal notice would not apply here.
4 hrs
  -> thanks!
Login to enter a peer comment (or grade)

2 hrs   confidence: Answerer confidence 5/5 peer agreement (net): +1
a written notification


Explanation:
Realty Times - When to Fight for Tenant's Rights to Repairs
The tenant should keep a copy of this notice." ... you are required to provide the landlord with a written notification of your residency termination. ...
www.realtytimes.com/rtpages/19991116_tenants.htm

Tenant eviction
I have been advised that I should give her a written notice to quit as she has ... Please can someone advise me on a written notification which I can write ...
www.letlink.co.uk/component/option,com_smf/Itemid,94/topic,...


Chicago Tenants Rights Lawyer - Aaron A. Krolik - Renters Rights ...
Chicago Tenants Rights Lawyer services from Aaron A. Krolik. ... 5-12-080(e) Your Landlord’s failure to send a written notification to you if the property ...
www.securitydepositlaw.com/

AB 763 Assembly Bill - Bill Analysis
SUMMARY : Creates new tenant notification requirements that must be ... of the following notices: a) Written notification of intention to convert at least ...
info.sen.ca.gov/pub/07-08/bill/asm/ab_0751-0800/ab_763_cfa_20070417_171535_asm_comm.html

Landlord - Tenant - ASU Student Legal Assistance
Most leases used by landlords near ASU require the tenant to give a written notification to the landlord at least 30 days before the end of the lease, ...
Show map of 600 Harrison St, San Francisco, CA 94107
www.asu.edu/mu/legal/landlord.htm

[PDF]
Rights and Responsibilities of a tenant In Finland a tenant has ...
The main responsibility of a tenant is the paying of rent. .... ”aravavuokra” after a written notification. The increase can take force only during a rental ...
www.asukasliitto.fi/pdf/Vuokralaisen_oikeudet_ja_velENG.pdf -

airmailrpl
Brazil
Local time: 08:07
Works in field
Native speaker of: Native in EnglishEnglish, Native in PortuguesePortuguese
PRO pts in category: 16

Peer comments on this answer (and responses from the answerer)
agree  Demi Ebrite
3 hrs
  -> thank you
Login to enter a peer comment (or grade)

5 hrs   confidence: Answerer confidence 1/5Answerer confidence 1/5
grounds to acquire personal jurisdiction over the Defendant


Explanation:
This is in regards of British, not US, jurisprudence, of which I am not a specialist, but I'll try since both countries' law is based on the same system of common law and can be close:

1st instance, notice under Schedule 2:

As far as I can judge here, this "notice" is a written notification which is one of the grounds for the court to acquire personal jurisdiction over the Defendant in a litigation.

In the US, you need to see from the text of the statute not only what KIND of written notification is required, but also how it should be served upon the Defendant for the court to acquire valid personal jurisdiction, otherwise the court judgment obtained without proper notice will not be valid. You need to check how the same works in the United Kingdom.

For this reason, the future Plaintiff warns the tenant that they may ASK the court to excuse them from giving a prior notice before starting litigation. Again, I am not a specialist in British jurisprudence, but it looks like a move for an ex parte start of proceedings which would be improper and unconstitutional in the United States, but, again, maybe some British experts can have their say here.

==========

2nd instance, Section 21

This "notice" is clearly a type of prior warning about a future eviction or seeking a future eviction. Why advisement as to the rights to appeal is sought further in the same sentence, before the litigation is even started, is not clear to me, in the US that is usually done only after the adverse judgment is entered.

xxxTatiana N.
Local time: 07:07
Specializes in field
Native speaker of: Russian
PRO pts in category: 4

Peer comments on this answer (and responses from the answerer)
neutral  inmb: grounds are "Grounds for Possession of Dwelling-houses let on Assured Tenancies" (HA 1988, Schedule 2); it's definiitely not a litigation issue
3 hrs
Login to enter a peer comment (or grade)

8 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +8
notice = prior warning


Explanation:
I think in both the instances you quiote, it does indeed not mean 'notice to quit' — but I don't think it means merely 'notification' either.

I believe it simply means 'notice of action', with the sense of 'notice' being 'a stipulated period of advance warning'

Please note that I am NOT a legal expert, and so my answer should not be taken as in any way authoritative or legally valid!

--------------------------------------------------
Note added at 8 hrs (2008-07-13 20:40:56 GMT)
--------------------------------------------------

It is important, though to note that it isn't MERELY 'written notification', but the fact of thereby setting a specific TIME period for the action to take place. This is the key feature of all these uses of 'notice' — it doesn't just mean 'to issue a written notification'.

Tony M
France
Local time: 13:07
Native speaker of: Native in EnglishEnglish
PRO pts in category: 56
Grading comment
Thank you!

Peer comments on this answer (and responses from the answerer)
agree  Liam Hamilton
43 mins
  -> Thanks, liam!

agree  Shera Lyn Parpia
1 hr
  -> Thanks, Shera!

agree  Jack Doughty
1 hr
  -> Thanks, jack!

agree  orientalhorizon: yes, the notice will give the tenant some time preparing to move out, upon expiry of such period, if the tenant refuses to vacate the property, the landlord may evict him by legal actions.
2 hrs
  -> Thanks, O/H!

agree  Madeleine MacRae Klintebo: Yes, according to my tenancy agreement the landlord has to give two months' notice if he wants to kick me out. I have to give 1 month if I want to leave.
2 hrs
  -> Thanks, Madeleine! In your case, that does of course amount to 'notice to quit'...

agree  Richard Benham: I think you are definitely right about the second instance and almost certainly also about the first.
5 hrs
  -> Thanks RB!

agree  Pham Huu Phuoc
17 hrs
  -> Thanks, Pham!

agree  kmtext: Yes, that's right on both counts, depending on the context. (And I like your disclaimer too!)
19 hrs
  -> Thanks, KMT! Well, there are far too many people who propose plausible answers without appropriate specialist knowledge, it's only fair to Asker to make it clear .-)

neutral  airmailrpl: Verbal notice would not apply here.
5 days
  -> Possibly not... but since the FR original doesn't actually specify 'written notice', it's not up to the translator to over-translate by adding it in.
Login to enter a peer comment (or grade)




Return to KudoZ list


KudoZ™ translation help
The KudoZ network provides a framework for translators and others to assist each other with translations or explanations of terms and short phrases.



See also:



Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search