What notice to give a Landlord

somersetfon

I have tenants on an assured shorthold tenancy which expires on the 29th March, when rent is due. They have been planning to move out so we agreed to move to a periodic tenancy after this date. They informed me on the 16th March that they would be moving on the 16th April.

Do they have to pay me just until the 16th April, as this would be 30 days notice. Or until the end of April as this would be a complete period? Rent is payable on the 29th.

The Tenancy Agreement says "If the tenant intends to vacate at the end of the fixed term, or at any later date, he agrees to give the landlord at least one month's prior notice...

Thanks for any advice

Lokolo

The agreement says one month, not one rental period month. Would the default "one month" class as calendar month? I think so. So I think what they've done is fine. But I am sure GM will respond confirming

G_M

somersetfon wrote: »

I have tenants on an assured shorthold tenancy which expires on the 29th March, when rent is due. They have been planning to move out so we agreed to move to a periodic tenancy after this date. They informed me on the 16th March that they would be moving on the 16th April.

Do they have to pay me just until the 16th April, as this would be 30 days notice. Or until the end of April as this would be a complete period? Rent is payable on the 29th.

The Tenancy Agreement says "If the tenant intends to vacate at the end of the fixed term, or at any later date, he agrees to give the landlord at least one month's prior notice...

Thanks for any advice

Define 'have to' pay.....

You and the tenant can agree to end the tenancy on any date you wish, and you can agree to charge rent pro rata until that date if you wish.

Or you could agree to end the tenancy on 16th April but charge the full tenancy period (till 29th Aprl).


However, if you wish to disregard 'mutual agreement' and simply follow contract and statute law:

1) they can leave on 29th March without giving any notice (irrespective of the clause)

2) if they stay beyond 29th, a SPT will be created. this is a new tenancy.

3) they cannot serve notice on a tenancy until it has started, so any notice served today will be invalid

4) they can serve notice on 30th March (1st day of the new tenancy) to end the SPT. Common law states that this notice must expire at the end of a full tenancy period.

5) there is a long-standing discussion on this forum, unresolved, as to whether the notice in 4) above would expire on 29th May (ie comprising a full period from 30th April till 30th 29th May) or whether it could expire on 29th April (which may not be a full tenancy period).

6) however the contract clase probably over rides commn law, so notice served on 30th March could expire a month later (29th april).

* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

edit: unusual that rent is due on the last day of the period, rather than the first.....

somersetfon

Thanks for clearing that up. I realise that we could mutually agree to terminate at any time but i was just trying to give myself maximum time to organise tradesmen to come in.
I wasn't quite clear about the rental payment, yes the rent is payable on 29th March but for the period 29th March to 29th April.

Pixie5740

somersetfon wrote: »

I wasn't quite clear about the rental payment, yes the rent is payable on 29th March but for the period 29th March to[STRIKE] 29th April[/STRIKE] 28th April.

Fixed it for you.