notice to quit

cycloneuk

Just want to check we have our dates right, we have a 12 month tenancy which commenced on 12th June 2014, I presume that ends on 11th June 2015 and becomes a periodic commencing on 12th June.

All going well we will be exchanging contracts on our new home within the next week or so with completion mid June. I am hoping to exchange before the periodic commences so I can then give the required 1 months notice.

I have prepared a letter with a date we will give possession of 11th July? which I think is correct, don't want to make a mistake and end up paying another months rent.

Pixie5740

Assuming you are in England or Wales and pay your rent monthly then yes you've gut your dates correct providing you can serve the notice before 11th June. Please don't serve notice before you've exchanged though.

G_M

providing you can serve the notice before 11th June.

Sorry pixie - no.

To leave at the end of the fixed term (ie 11th June) NO notice is required. OP can just leave at end of fixed term (though notice would be polite, friendly and helpful).

Unfortunately a tenant cannot give notice to end a tenancy before that tenancy has begun. So notice to end the subsequent periodic tenancy can not be served before it starts on 12th june.

Some time ago jjlandlord & I had a debate about whether it is possible for a tenant to end a periodic tenancy at the end of the first period (in this case 11th July).

1) Since notice cannot be served before the periodic tenancy starts, the earlist it can be served is 12th June. From 12 June to 11th July is less than a full tenancy period, so the notice would be invalid. So earliest tenancy can be ended is 11th August.

Laine and Mitchell v Cadwallader & Cadwallader (2001) (Court of Appeal - tenant's notice period = one tenancy period in a SPT)

2) Since notice in a periodic tenancy can expire on either the last or first day of a period (ie 11th OR 12th), if notice was served on 12th June to expire on 12 July, tenancy could end on 11th July, that would be a full tenancy period. But the tenancy would still have to end on 11th July (less han a full period).

Crate -v- Miller [1947] (Notice can end last or 1st day of Tenancy Period)

To my knowledge there is no definative case law on this, and I do not know the answer.

The solution for the OP in this case is to ignore the law and rely on friendly negotiation. Explain to the LL, and hope to reach an amicable arrangement whereby the LL accepts a shorter notice period.

Confirm it in writing.