Variable notice period for rental property, dependent on phase of the moon...

potatan

Hi,

A friend is in a rented property on a normal assured shorthold tenancy that has reverted to periodic, and is planning to leave. The agreement state that the tenant can only give notice if the intended date of vacating the premises matches the rent collection date, with a minimum period of one month.

To give an example:
If rent is due on 25th April, then one month's notice can be given on the 25th March of intention to leave the following month.

If notice is given on the 27th March, then the notice period suddenly becomes almost two months, to 25th May (because 27th March to 25th April is less than a month).

I would have thought that as long as the minimum notice period was met (one month) then you can choose your own leaving date, rather than being forced to leave on (or in effect stay until) a rent-due date.

Effectively, as it stands, this seems to be a variable length notice period of between one month, and two months minus a day.

Any thoughts?

Thanks in advance.

Joyful

What your friend has been given is correct. Good to see a tenancy agreement that spells it out clearly so no confusion.

tbs624

Joyful wrote:

What your friend has been given is correct.

Not necessarily.

When a tenancy agreement becomes a Stat Periodic ( not "reverts to" btw as the tenancy agreement didn't previously have stat periodic status), the rental periods run from the day after the original Fixed Term expired.

So FT expires, say,15th March, subsequent SPA rental periods run from 16th of one month to the 15th of another ( assuming rent paid monthly) . That may, or may not, co-incide with the rent due date.

Unless both parties agree otherwise the notice period has to align with that rental period.

MX5huggy

Its is correct,

of course you don't need stay until or leave on any date, just pay rent till that date, and there may be negotiation room with the LL

tbs624

MX5huggy wrote: »

Its is correct,..

Only if the rent due date aligns with the day after the FT expiry date:it doesn't always and it is not clear that it does in the OP's case.

tyler80

Yes, good that it spells this out clearly.

I wasn't aware of the 1 month from rent due date until I came to give my notice, 1 day after the rent had just been paid...

G_M

tyler80 wrote: »

Yes, good that it spells this out clearly.

I wasn't aware of the 1 month from rent due date until I came to give my notice, 1 day after the rent had just been paid...

As explained above, it is not the 'rent due date' that matters, it is the 'rental period' (which commences the day after the Fixed Term expired). Rent may be payable (due) on a date other than the first day of the rental period.

However the OP is right that in some cases nearly two months notice is required.