Staying Beyond The End of An Assured Shorthold Tenancy Agreement

N79

bebewoo wrote: »

Oops sorry I assumed tenancy start date was the same as rent payment date (in my case it always has been).

It often is, but these dates may not be the same - especially for longer tenancies which have gone periodic, been renewed, then gone periodic again etc. Other examples are where T asks for a change in rent due date for budgeting reasons (eg would prefer to pay soon after pay day).

Notice to end a periodic tenancy must always align with the rental period and not the rent due date to be valid.

jjlandlord

bebewoo wrote: »

No, if you pay your rent of the 1st of the month they have to make sure that the notice period runs from the 1st of the month, and you must receive it before then.
So if you received it today, 12th August then the notice period is 1st Sept - 31st October - two months from the next rent due date.

Well, no.
N79 is right that what is important in a periodic tenancy is the tenancy period date, not the rent due date. They may be different.

bebewoo wrote: »

They cannot give you notice at any random date they chose during the month, it has to coincide with the rent payment date.

They certainly can serve you notice anytime they want. It's the notice period and expiry date which matter.

N79 wrote: »

Notice must always align with the rental period and not the rent due date to be valid.

Only if the notice is served when the tenancy is periodic.
If the notice is served during the fixed term it can expire on any date providing this occurs after the end of the fixed term and gives 2 month notice.

legal_theory

bebewoo wrote: »

No, if you pay your rent of the 1st of the month they have to make sure that the notice period runs from the 1st of the month, and you must receive it before then.
So if you received it today, 12th August then the notice period is 1st Sept - 31st October - two months from the next rent due date.
They have messed up big time by not sending it out a couple of weeks ago. They cannot give you notice at any random date they chose during the month, it has to coincide with the rent payment date.

Our 12 month tenancy ends on 10/9/11 - I thought that the notice ran from the date served if its served within the original tenancy agreement period?

legal_theory

jjlandlord wrote: »

Only if the notice is served when the tenancy is periodic.
If the notice is served during the fixed term it can expire on any date providing this occurs after the end of the fixed term and gives 2 month notice.

Ah....that answers it - thanks.

jjlandlord

legal_theory wrote: »

Our 12 month tenancy ends on 10/9/11 - I thought that the notice ran from the date served if its served within the original tenancy agreement period?

The notice period runs from the date the notice is deemed served.

Moreover as the notice was served during the fixed term, as mentioned above it needs no expire on any specific date.

may_fair

legal_theory wrote: »

I'm coming to the end of a 12 month tenancy agreement. Have agreed a price on a house in the last few days. Tenancy agreement runs out in early september so I'd like to extend the stay to the end of October to give us time to complete on the house.

legal_theory wrote: »

Ok, today we received our 2 month notice period - would I be right in thinking that gives us until 11/10/11? We pay the rent on the 1st of every month.

A s.21 notice is not a notice to quit; it does not end the tenancy nor oblige you to vacate. The notice doesn't "give you until 11/10/11" to get out, it only means that the LL may apply for possession after the notice expires.

If you want the tenancy to end around the end of October, then, after the tenancy becomes periodic in early September, you must serve proper notice to quit (see G_M's posts in this thread). If you vacate without giving notice (or vacate at expiry of the s.21 notice), then LL may pursue you for rent in lieu of notice.

legal_theory

may_fair wrote: »

A s.21 notice is not a notice to quit; it does not end the tenancy nor oblige you to vacate. The notice doesn't "give you until 11/10/11" to get out, it only means that the LL may apply for possession after the notice expires.

If you want the tenancy to end around the end of October, then, after the tenancy becomes periodic in early September, you must serve proper notice to quit (see G_M's posts in this thread). If you vacate without giving notice (or vacate at expiry of the s.21 notice), then LL may pursue you for rent in lieu of notice.

True, but we then run the risk of the LL starting legal proceedings to evict & consequently being liable for those costs.

jjlandlord

may_fair wrote: »

If you vacate without giving notice (or vacate at expiry of the s.21 notice), then LL may pursue you for rent in lieu of notice.

legal_theory wrote: »

True, but we then run the risk of the LL starting legal proceedings to evict & consequently being liable for those costs.

Well Op can serve notice in order to ensure the tenancy will not be considered as continuing beyond the end of October.
At the same time OP can tell (in writing) his LL that he intends to vacate by the expiry of the notice and thus wish to arrange a surrender of the tenancy.

This way I'd think OP will be protected on all sides.
E.g. if OP serves notice and tries to arrange a surrender, then even if LL starts proceedings I do not see why a judge would award costs to the landlord (plus OP would have vacated by the time the case reaches that point).