How much notice do I have to give my landlord?

Sandwich

My original tenancy agreement ended around a year ago and since then I've been paying rent on a month-by-month basis. I usually pay on the first of the month every month. My tenancy agreement says nothing about the notice I have to give once I'm on a rolling contract.

I'd like to move out in a month's time, but I'm not sure if I'm required to give a month from my next rent payment (which would effectively mean two months' notice). So can anybody tell me how much notice I'm required to give?

Nynaeve

Are you sure your original contract doesn't mention notice period? We are in a rolling tenancy and our notice period is one month, but it must expire the day before a rent due day, so in practice it's anything from 1 month to almost 2.

real1314

you need to give a month's notice, which begins from the next rent payment date.

Think of it like daily car rental - you can't hire for 2 days and 5 hours, it's 3 full days. Your rental is in full months, and as the current one has started you have to give notice to the end of the next one.

if you pay rent on the 1st, giving notice today would mean that your notice period starts on 1st July and ends 31st July.
:cool:

It_can_get_better

The day you pay rent isn't important, it's the day the tenancy began, though they may be the same!

Sandwich

That's a bit out of order IMO. A month's notice should be a month's notice.

G_M

Sandwich wrote: »

That's a bit out of order IMO. A month's notice should be a month's notice.

True - but the required notice is not a month!

It is a full rental period. If the rental period is monthly (normal) then the notce must align with the start/end of that period.

Full details and example in this post here.

Werdnal

Sandwich wrote: »

That's a bit out of order IMO. A month's notice should be a month's notice.

I agree, but the rental period is monthly, you need to give a months notice to coincide with the end of the next month. Only way around it would be to speak to your LL and see if they are flexible, but by law they do not have to accept anything less.

Sandwich

I'll have to try to speak to my landlord to see if he'll do me a solid.

real1314

Sandwich wrote: »

That's a bit out of order IMO. A month's notice should be a month's notice.

Only in the same way that having to pay car hire for 2 full days is out of order when you only want it for from 8am one day to 11.30am the next.

I expected you to reply on this basis though. The simple fact is that the law states this is how it should be done. It was the law when you started the tenancy.

Similarly the LL must give 2 months notice, again this must be based on the rental period start date, so it cuts both ways.

:cool:

tbs624

It_can_get_better wrote: »

The day you pay rent isn't important, it's the day the tenancy began, though they may be the same!

The important date is the date on which the original Fixed term of the tenancy *ended*. If end date of the FT was say, 19th of the month then the relevant periods under the following Statutory Periodic agreement run from 20th of one month to 19th of the following month regardess of when the rent due date is. (For the majority of ASTs the rent due date will be the day after the original FT expires but it is not always the case.)