Notice period - assured shorthold tenancy

nubsj

hello

we've just been given the completion date for our new house purchase - yay!

i've scoured our existing tenancy agreement and it just says we have to give 30 days notice to terminate

can anyone tell me if there is an assumption that this has to be made for the begining of a month (we pay our rent on the 1st of the month - today is the 2nd), or does the fact that it is not specified in the lease man we can give it today and move out in 30 days from today?

thank you

may_fair

What date (dd/mm/yy) did the fixed term commence?
What is/was the length of term, and does it specify an 'end' date?
If still within the fixed term, is there a break clause? If so, please quote exact wording.

nubsj

The fixed term was 6 months, we have been there 2 years so have moved onto a periodic shorthold tenancy (think that's what it's called, am at work and don't have the lease with me)

it just says that teh tenant must give 30 days notice to terminate

we moved in on the 22nd of may 2009

may_fair

Provisions for notice in the expired contract do not carry through into a statutory periodic AST (all other terms do).

Assuming the contract does not create a contractual periodic tenancy following the fixed term, statutory notice periods apply. You must give at least one calendar month, also expiring at the end of a tenancy period.

Assuming you mean that the fixed term commenced 22nd May 2009 and ended 21st November 2009, then the tenancy periods run 22nd - 21st of the month. If you give notice between today and 21st June*, the earliest your notice can expire is 21st July.

*Don't leave it too close to the deadline. Also, keep a copy of the notice, and obtain a free certificate of posting, or, if serving by hand, take a witness.

nubsj

so is the fact we pay our rent on the 1st of the month irrelevant?

from what i understand we are on a rolling monthly tenancy

may_fair

nubsj wrote: »

so is the fact we pay our rent on the 1st of the month irrelevant?

The date of rent payments is irrelevant. The frequency with which rent is payable *is* relevant as this is what dictates the length of the tenancy periods - in your case, rent is payable monthly, therefore the tenancy periods, which commenced on 22nd November 2009, are a month long.

may_fair

nubsj wrote: »

from what i understand we are on a rolling monthly tenancy

Yes, a statutory periodic assured shorthold tenancy is often called a rolling contract. It arises by statute (Housing Act 1988). This happens automatically when the fixed term expires, and T remains in occupation, and no renewal contract is signed.

It's possible - but unlikely - that your contract creates a contractual periodic tenancy following on from the fixed term, in which case provisions for notice contained in the contract would apply. But, as I said, it's unlikely; most tenancy agreements just grant a fixed term.