Giving notice on rental

Daisy_bee

Sorry in advance if this has been answered elsewhere! Been searching online and think I know the answer but wanted to double check with you very knowledgable people!

On a rolling rent contract which starts the 7th of every month and ends on the 6th. If I want my last day in my current property to be 6th aug , what's the latest I can give my notice? Am I right that giving my notice on 7th July is ok or is the latest the 6th? I intend to hand my notice to the agents in person so no issue with posting/serving.

Thanks in advance

G_M

7th is the latest.

PasturesNew

G_M wrote: »

7th is the latest.

I'll delete my post then. Mine runs 24 -> 23 and the letter my agents sent me said I had to do it by the 23rd of any month.

G_M

OK - I'll expand on that.

Notice must be equal (or greater) in length to a tenancy period. If you pay rent monthly, your notice must be (at least) a month. See [FONT=&quot]Laine and Mitchell v Cadwallader & Cadwallader (2001)[/FONT]

Notice can end on either the first, or last, day of a tenancy period. See [FONT=&quot]Crate -v- Miller[/FONT][FONT=&quot] [1947] (but tenancy still ends on the last day of the period).

So if you serve notice on 7th July expiring on 7th August then
a) length of notice = 1 month and
b) notice expires on 1st day of the next period

So tenancy ends on 6th August.

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G_M

PasturesNew wrote: »

I'll delete my post then. Mine runs 24 -> 23 and the letter my agents sent me said I had to do it by the 23rd of any month.

Yes but your agents have never heard of the case law I quoted above!

Agents are often not the best informed legally......

And even if they are, they often allow their own interests to over-ride their 'duty' to advise/inform accurately......

:whistle:

Daisy_bee

Thanks for both super quick replies! I saw on the shelter website about the notice period ending on first or last day of the rental period but thought that the flexibility sounded too good to be true!

The response from the agent is what I was worried about so having the case law is brilliant should there be any probs!

G_M

Daisy_bee wrote: »

The response from the agent is what I was worried about so having the case law is brilliant should there be any probs!

Be prepared for the agent or LL however to not know. It is not common knowledge even amongst so-called professionals.

However I have had assurance by Shelter's legal team that my assessment of the case law is accurate.

Daisy_bee

Sounds like you have experienced
this difficulty before with poorly advised agents!

G_M

No, but there have been debates both on this forum and landlordzone on the subject.

And there have been many tenants on here who have been 'told' (just like PasturesNew above) by their agents that their notice must end on the last day of a period, and/or that notice cannot be served on the 1st day.

Hence I sought conformation.

jjlandlord

I'd like to see the authoritative reference to back the claim that it is possible to give notice on the first day of a period to end the tenancy at the end of that period since it does not seem to give a full period notice...

Whether the notice's expiry date is expressed as last or first day of period should not make a difference since it indicates the same date for the determination of the tenancy. Hence that should not affect the amount of notice given.

Case law cited above do not address this.

jjlandlord

Bumping it.