periodic tenancy notice - the definitive answer?

real1314

hgllgh wrote: »

DFC ... can ask how you know that this is legally the case?

There is nothing in my AST (which has now expired) about the 1 months notice having to begin on the first day of the next monthly period? If it's not in the contract, it's not legally binding?

What it really comes down to is that the minimum contract period is 1 month. There is no facility for the tenant to reduce this.
So, once a particular month's rent has been paid, that month is out for notice periods.
The notice then applies to the next payment period and then takes effect.

e.g Pay rent 31/07/08
Decide you want to leave on 07/08/08. Give notice that day.

To leave on 07/09/08 would require that the contract period be adjusted to allow a single week of contract. The LL does not have to agree to this, so the contract runs to 30/09/08.

Debt_Free_Chick

clutton wrote: »

hg says "" Ditto ... I can't find any legal references stating that the one months notice period served by a tenant in a statutory periodic tenancy actually begins on the next payment date...."

clutton said "" to quote tessa sandersons book

""a tenancy can end by the tenant moving out at the end of the fixed term, or, if he stays on after the end of the fixed term, after having given notice of at least one month ending at the end of a rental period""

tessa is one of THE most knowledgeable lawyers in LL&T legislation around - i would have thought this might qualify as a "legal" reference - it comes from page 50 of "Renting - the essential guide to tenants rights" by Tessa Shepperson (got the name wrong intially - sorry) LAWPACK publishers 2007

Just curious to know whether the "legal" reference is to common/contract law or to some statute.

As we know, LLs have a statutory obligation under the Housing Acts 1988 and 1996 and we all often quote s21 etc ..... as a definitive reference to the LL's obligations.

Neither of those Acts place any statutory obligation on the tenant to give notice, however - so we can't quote " .... tenant must give notice in accordance with section xyz of the ABC Act 19xx"

So .... where does the tenant's "legal" obligation come from?

Just idle curiosity on my part

hgllgh

real1314 wrote: »

So, once a particular month's rent has been paid, that month is out for notice periods.
The notice then applies to the next payment period and then takes effect.
.

But this is what I am trying to get at ... where does the above statement come from?

This is the grey area isn't it ... what is the legal relationship between the rental period and the notice period? The notion that the notice period MUST follow a FULL rental period does not seem to be based in any law and that giving notice of 1 month regardless of when it is given is legally sufficient and that nothing more can be forced onto a tenant....

N79

Remember we also have common law and not just statute law in the England (and Wales). Not everything has to be written down in an act of parliament.....