Giving notice to tenant

lfckerry

Hi
my tenant moved in on the 1st but pays rent on 15th of each month.if i give her notice to leave should it be from 1st or 15th?
thanks

PasturesNew

I think you'd need to explain that in a bit more detail. Are you saying her agreement is from the 1st of the month to the end of a month, so she pays 2 weeks in arrears and 2 weeks in advance each month? Or some other bizarre arrangement?

lfckerry

LOL
well the tenant receives housing benefit so rent is paid in arrears,she is paid that weekly.she also works part time and is paid on the 15th so wanted to pay her rent on that date. so she paid her rent up to the 15th of Feb and now pays in arrears on the 15th since then,does that make sense?sorry if not.
although she hasnt paid this month yet and this is why i want to issue notice as her paying rent on time has always been an issue

BitterAndTwisted

The notice needs to coincide with the dates on the AST. You are aware that any Section 21 notice will be invalid if you haven't protected your tenant's deposit in one fo the three approved schemes, aren't you?

If your tenant is a good one in all other respects perhaps there might be room for coming to some sort of arrangement? It's very hard for a person to magic up money to pay their rent in advance when there isn't any, even though that's what was contractually agreed. Rent coming in a few days late needs to be balanced against a potential void at the end of this current tenancy. It might make more financial sense to see what you and the tenant can agree upon.

lfckerry

Thanks
yes the deposit has been protected so no problems there.
i am joint landlord with my ex partner who is thinking of moving back into the property,that is the main reason really, i have been very patient and flexible with receiving the rent and had to wait 11 weeks for any rent initially as she had problems with receiving housing benefit.
so the notice would be issued from the 1st as that was the start date on the agreement,cheers

BitterAndTwisted

Is this a fixed-term tenancy or has a periodic one arisen? If the former you cannot give the tenant notice any earlier than at the end of the AST. If the latter you need to give the tenant two month's notice.

I'm assuming that you know all this but am really asking these questions for the benefit of other posters who might be in a similar situation.

lfckerry

I dont mind you asking,its fine
yes she was on a 6mth AST which ends this month and will then go to a rolling periodic contract.i will be giving her 2 months notice