Rental Notice Periods

Malibusmash

Can someone advise please:-

My tenants' AST (fixed term for a year) started on the 25th of the month and they pay their rent on the 1st.

In the event that it turns into a periodic tenancy and in the event that I or they wish to service notice (two months for them and one month for me), because the rent date differs from the tenancy date, on what day of the month should the notice be served?

Pixie5740

Notice is based on tenancy periods, not the date rent is paid.

See Ending/Renewing an AST.

Malibusmash

Thanks Pixie that's a useful link.

I'm not wanting to be difficult but I'm quite confused by this. On the TDS website under Case Studies, It states:- "The notice period for a tenant under this type of tenancy agreement (periodic) is one month and is to be served in writing and on a rent payment date".

The case itself can be found here:-

https://www.thedisputeservice.co.uk/resources/files/Adjudication%20Digest%20April%202013.pdf

Clarification on this would be greatly appreciated.

Pixie5740

Not a clue as I thought it was the date the tenancy started, not the date that rent is paid that is important. It could be that in the TDS case study the tenancy start date and rent date were aligned and TDS has been sloppy with its terminology.

One to the more knowledgeable posters like G_M or jjlandlord are in a better place to clarify this than me though.

Malibusmash

Thanks Pixie and hoping they can clarify as I would have thought this was an important distinction.

PS. All three of you are 'the more knowledgeable posters' in my opinion!

booksurr

Malibusmash wrote: »

Can someone advise please:-

My tenants' AST (fixed term for a year) started on the 25th of the month and they pay their rent on the 1st.

In the event that it turns into a periodic tenancy and in the event that I or they wish to service notice (two months for them and one month for me), because the rent date differs from the tenancy date, on what day of the month should the notice be served?

the TDS page you quote is a judgement in terms of a tenant serving notice on a LL and is as Pixie says rather sloppy

you appear to be a LL and therefore as already stated...

before expiry of fixed term - you cannot service a section 21 at all. Fixed means fixed.

during the periodic tenancy - you as LL must serve 2 months notice timed from any old date you want. Note that is TWO not one months. Your tenant must serve 1 month notice which must still be aligned with the tenancy period not the rent payment date

rpc

Malibusmash wrote: »

Can someone advise please:-

My tenants' AST (fixed term for a year) started on the 25th of the month and they pay their rent on the 1st.

In the event that it turns into a periodic tenancy and in the event that I or they wish to service notice (two months for them and one month for me), because the rent date differs from the tenancy date, on what day of the month should the notice be served?

The date payments are made is irrelevant here. The 25th is that date that matters. Your tenancy period is 25th to 24th.

G_M

I can only think that TDS are assuming that tenants always pay rent on the first day of their tenancy periods. This is most commonly, but not always, the case. Where the dates differ, it is the tenancy period date that matters not the payment date.

A tenancy ends when the period expires, whether that is a fixed term period (eg 12 months) or a recurring period (eg monthly), so any notice by the tenant must align with that date.

tenants and and landlords can, and often do, agree to vary the date rent is paid, either to fit in with a tenant's salary payment or a LL's mortgage payment, or some other reason, but this has no impact on the contract terms.

So I stand by my explanation in the link above.

A landlord, however, need not align with the tenancy period, providing he serves a S21 (1)(b). In that case 2 calander months must pass before the S21 expires - but this is NOT the case if he serves a S21 (4)(a).

Just to clarify booksurr's post: a LL can serve a S21 at any time during the fixed term, but the S21 cannot expire until the fixed term ends.

Malibusmash

Many thanks to you all.