how late is late

Wee_Willy_Harris

G_M wrote: »

But remember as this is a periodic tenancy changing the payment frequency changes the notice period..

A consideration, certainly. Dut the due date needn't alter just because the payment date does.

G_M

Notice by Tenant
Where the tenancy has become a Statutory Periodic Tenancy (where the fixed-term has ended and no new agreement signed for another fixed-term) the tenant must give the landlord notice if he wants to leave:

• The notice must be in writing
• It must be delivered at least 4 weeks before the notice period ends or 1 month if rent is paid monthly
• It must bring the tenancy to an end at the end of a full rent period.

The notice period must end at the end of a tenancy payment period: for example, if the rent payment date is on the 20th of each month, the notice period must end on the 20th of the month or the 19th to be on the safe side.

From Landlordzone.

Wee_Willy_Harris

G_M wrote: »

Notice by Tenant

Where the tenancy has become a Statutory Periodic Tenancy (where the fixed-term has ended and no new agreement signed for another fixed-term) the tenant must give the landlord notice if he wants to leave:

• The notice must be in writing
• It must be delivered at least 4 weeks before the notice period ends or 1 month if rent is paid monthly
• It must bring the tenancy to an end at the end of a full rent period.

The notice period must end at the end of a tenancy payment period: for example, if the rent payment date is on the 20th of each month, the notice period must end on the 20th of the month or the 19th to be on the safe side.

From Landlordzone.

I understrand the point you are making and, to a certain extent, agree. However, if the tenant decides NOT to pay on the 20th, but the 25th (as that is when they get paid) and the landlord decides it's just too much agro to go down the NTQ route, this doesn't make the 24th the end of a payment period, does it?

G_M

May be a misunderstanding here. I am talking about changes to payment frequency (ie fortnightly) not payment date. A change from paying on 20th to 25th, but still monthly, would not affect the notice period.

But a change to fortnightly payments would require only 4 weeks notice instead of a month (or 8 weeks by the LL, as opposed to 2 months).

Wee_Willy_Harris

G_M wrote: »

May be a misunderstanding here. I am talking about changes to payment frequency (ie fortnightly) not payment date. A change from paying on 20th to 25th, but still monthly, would not affect the notice period.

But a change to fortnightly payments would require only 4 weeks notice instead of a month (or 8 weeks by the LL, as opposed to 2 months).

Not quite. The minimum notice period on a s21 is 2 calender months. regardless of the rent frequency. However, I accept that it may effect the date the notice expires AFTER the 2 months.

Having said that, the point I was going for was that regardless of whether the tenant pays fortnightly, either in arrears OR advance, this has no impact on the rental period specified in the original TA.

As you say, a misunderstanding I'm sure.