Notice end date clarity

*miaomiao*

Hello lovely MSE folk,

Could I run something by the nice people here to clarify?

We are in a rental property on periodic rolling contract at the moment. We are considering giving notice and would like to ask a question:

If the 1st is the date the tenancy began, do we give notice on the 1st of a month? It began on 1 December several years ago and it is long passed the initial 6 month agreed tenancy. Could we give notice on the 1st of June or 31st May to leave for 30th June? The rent is paid monthly on the 1st of the month.

Thank you kindly and for the advice on other forum posts which has been so helpful in informing us on the process.

Benji

1) if contract began on the 1st of the month, it will end on the last day of a month. You can leave whenever you want, but you will be liable until the end of the month or until a new tenant moves in (whichever is the sooner)

2) You are currently on a statutory periodic tenancy as laid down by section 5 of the 1988 Housing Act. Notice periods are set down in law at 1 month for tenants, so if you want to leave on 30th June, you would have to have given WRITTEN notice by 29th. To leave on 31st July, you can give writen notice at any time up to 30th June.

There is confusion over what constitutes a month when it ends on the last day of the month, but the above errs on the safe side.

All the above assumes rent payable monthly.

jjlandlord

(Assuming you are in England)

You can give notice whenever you like. It must just give at least 1 month (assuming rent paid monthly) and expire on the last day of a tenancy period.

There is nothing preventing the tenancy from ending on another date of the month, but that would require your landlord agreement in writing and the drawing up of a deed of surrender to be full proof.

*miaomiao*

Benji wrote: »

1) if contract began on the 1st of the month, it will end on the last day of a month. You can leave whenever you want, but you will be liable until the end of the month or until a new tenant moves in (whichever is the sooner)

2) You are currently on a statutory periodic tenancy as laid down by section 5 of the 1988 Housing Act. Notice periods are set down in law at 1 month for tenants, so if you want to leave on 30th June, you would have to have given WRITTEN notice by 29th. To leave on 31st July, you can give writen notice at any time up to 30th June.

There is confusion over what constitutes a month when it ends on the last day of the month, but the above errs on the safe side.

All the above assumes rent payable monthly.

Thanks so much for this - I've edited my initial post to ask whether we can give notice tomorrow (31 May) or the following day (1 June) to leave for 30th June.

Thanks! (And sorry for being a bit confused)

BitterAndTwisted

Your landlord will need to RECEIVE your written notice by close of business tomorrow. If you want to leave at the end of June without having to pay yet another month's rent I suggest that you hand-deliver it tomorrow morning. Get a written acknowledgement of same or take a impartial witness with you

Benji

*miaomiao* wrote: »

Thanks so much for this - I've edited my initial post to ask whether we can give notice tomorrow (31 May) or the following day (1 June) to leave for 30th June.

I am not sure that 31st May allows one full calender months notice as required in Law for departure on 30th June (which is the day of the month your tenancy must end.

If your LL seems happy with your notice, try and get some confirmation as such to avoid being liable to 31 July (the next possible tenancy end date).

If LL kicks up a fuss, I would contact Shelter (the housing charity) for guidance - but I think you've missed the boat.

G_M

Benji wrote: »

I am not sure that 31st May allows one full calender months notice as required in Law for departure on 30th June (which is the day of the month your tenancy must end.

If your LL seems happy with your notice, try and get some confirmation as such to avoid being liable to 31 July (the next possible tenancy end date).

If LL kicks up a fuss, I would contact Shelter (the housing charity) for guidance - but I think you've missed the boat.

Assuming that the tenancy periods are calendar months (OP pays rent on 1st of each month), there is no problem. The rent period ends on the last day of the month.

Benji

G_M wrote: »

Assuming that the tenancy periods are calendar months (OP pays rent on 1st of each month), there is no problem. The rent period ends on the last day of the month.

I can see your argument, and you may well be right, just something doesn't sit comfortably for me (maybe I need a better cushion or to move the dog). Hopefully OP will hand the paperwork in today and all will be well.

may_fair

G_M wrote: »

Assuming that the tenancy periods are calendar months (OP pays rent on 1st of each month), there is no problem. The rent period ends on the last day of the month.

Notice in a statutory periodic AST must expire at the end of a tenancy period, not a rental period. The two don't always coincide.

For example, if a 6 month fixed term were to commence on 15th Jan, but with rent payable on the 1st of the month, the tenancy periods would run 15th - 14th of the month, as from 15th July, and T's/LL's notice would have to expire on the 14th of the month.

may_fair

Benji wrote: »

I am not sure that 31st May allows one full calender months notice as required in Law for departure on 30th June (which is the day of the month your tenancy must end.

It's fine so long as OP serves notice today, 31st May, by hand. That gives a clear month of 1st - 30th June.

Not fine if OP delays till tomorrow, or posts the notice today instead of serving by hand.

*miaomiao*

Thanks very much to everyone!