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Been given notice need advice please..
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3) After the end of the Fixed Term (ie during a subsequent Statutory Periodic Tenancy [or during a Contractual Periodic Tenancy])
At any time, the tenant can end the SPT by giving the landlord a full Tenancy Period’s notice. The landlord must give the tenant two full Tenancy Period’s notice. It is important to note that the notice given by either must end with a Tenancy Period. If rent is paid monthly, then the Tenancy Periods run monthly starting the day after the FT ended.
Example:
Say a 6 month Fixed Term tenancy starts on 24th June. It therefore ends on 23rd December. If a SPT then continues, the Tenancy Periods run monthly from 24th to 23rd of each month. Any Notice must therefore end on the 23rd of the month.
Say the tenant later serves notice on 22nd March, then the notice expires on 23rd April (covering the full Tenancy Period 24th March to 23rd April). However if the tenant gave notice two days later, on 25th March, then the notice would expire on 23rd May - a month later (Tenancy Period 24th April to 23rd May).
Note that the day rent is paid (which may or may not be aligned with the start of each Tenancy Period) is irrelevant.
If a landlord wishes to give notice to his tenant, he must give two full Tenancy Periods Notice (via a valid S21 Notice). The same rules on dates apply as in the example above, but with the extra month. See section A3 above for some examples of why a S21 may not be valid.
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Minor tweak for notice by tenant after the end of the fixed term. The tenant's notice must be at least a tenancy period's notice, ending on the last, or first, day of the tenancy. So today is 7th Feb 2013: Let use the same example " the Tenancy Periods run monthly from 24th to 23rd of each month. " - then the tenant's notice must expire on EITHER 23rd of 24th March 2013. See Crate v Miller 19470 -
This post is redundant.
I am posting to ensure the thread does not get closed (which happens 2 years after the latest post).
I will therefore be able to continue to update post 6.0
This discussion has been closed.
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